GIFT  OF 


^>^^^. 


Glorgia  5CHOOL  Laws 
AND  Decisions 


PUBLISHED  BY  THE 

Department  of  Education 


M.  L  BRITTAIN, 

STATE  SUPERINTtNDENT  OF  SCHOOLS 
1912 


COMPILATION 


OF 


LAWS  AND  DLCI5ION5 


RELATING  TO  THE 


Public  School  System 


OF 


GEORGIA 


For  every  pound  you  save  in  education  you  will  spend  five  in  prosecu- 
tions, in  prisons,  in  penal  settlements. — Lord  Macaulay, 

Among  the  duties  of  parents  to  children  is  that  of  giving  them  an  educa- 
tion, suitable  to  their  station  in  life;  a  duty  pointed  out  by  reason  as  of  the 
greatest  importance.  For,  as  PuflFendorf  well  observed,  it  is  not  easy  to  im- 
agine or  to  allow  that  a  parent  has  conferred  any  considerable  benefit  upon 
his  child  by  bringing  him  into  the  world,  if  he  afterwards  entirely  neglects 
to  culture  his  education  and  suffers  him  to  grow  up  like  a  mere  beast  to  lead  a 
life  useless  to  others  and  shameless  to  himself, — Sir  William  Blackstone. 


1912 


Judge  Thomas  G.  Lawson 
vice-chairman  state  board  of  education  died  april  16,  1912. 


•     »  •  • 


PRLFACL 


IT  was  my  wish  in  this  pubHcation  to  arrange  more  sys- 
tematically our  School  Laws,  to  omit  those  no  longer  in 
force,  by  reason  of  recent  legislation,  in  the  interest  of  the 
teachers,  school  officials,  and  patrons  to  make  this  pamphlet 
a  clear  and  intelligible  text-book  on  the  subject.  The  changes 
required,  however,  in  order  to  carry  this  plan  into  execution 
were  so  numerous  and  vital  that  they  could  not  be  made 
without  authority  from  the  Legislature.  This  compendium  is, 
therefore,  practically  the  same  as  previous  pamphlets  on  the 
subject  except  that  some  explanatory  notes  and  the  general 
school  legislation  of  1910,  1911  and  1912  have  been  added. 
If  consent  can  be  secured  from  the  next  General  Assembly 
these  laws,  some  of  them  obsolete  and  conflicting,  should  be 
rearranged  and  codified. 

Very  truly, 

M.  L.  Brittain, 
State  Superintendent  of  Schools. 


24999S 


CONSTITUTION 


ARTICLE  VIII. 


EDUCATION. 


Section  I. 
Paragraph  I.  There  shall  be  a  thorough  system  of  com- 
mon schools  for  the  education  of  children  in  the  elementary 
branches  of  an  English  education  only,  as  nearly  uniform 
as  practicable,  the  expense  of  which  shall  be  provided  for 
by  taxation,  or  otherwise.  The  schools  shall  be  free  to  all 
children  of  the  State,  but  separate  schools  shall  be  provided 
for  the  white  and  colored  races. 

Note. — The  Constitutional  amendment  of  1910  delegated  to  coun- 
ties the  right  to  levy  a  tax  for  educational  purposes,  modifying  the 
restrictive  clause  in  paragraph  2,  section  6,  article  7,  of  the  Con- 
stitution. 

Section  II. 
Paragraph  I.  There  shall  be  a  State  School  Commissioner 
elected  by  the  people  at  the  same  time  and  manner  as  the 
Governor  and  State-house  officers  are  elected  whose  term  of 
office  shall  be  two  years,  and  until  his  successor  is  elected  and 
qualified.  His  office  shall  be  at  the  seat  of  the  government, 
and  he  shall  be  paid  a  salary  not  to  exceed  two  thousand  dol- 
lars ($2,000)  per  annum.  The  General  Assembly  may  sub- 
stitute for  the  State  School  Commissioner  such  officer  or 
offices  as  may  be  deemed  necessary  to  perfect  the  system 
of  public  education. 

Note. — State  Superintendent  of  Schools  substituted  for  State 
School  Commissioner. 

Section  III. 
Paragraph  I.  The  poll  tax,  any  educational  fund  now 
belonging  to  the  State  (except  the  endowment  of,  and  debts 
due  to,  the  University  of  Georgia),  a  special  tax  on  shows 
and  exhibitions,  and  on  the  sale  of  spirituous  and  malt  liquors, 
which  the  General  Assembly  is  hereby  authorized  to  assess, 
and    the    proceeds    of    any    commutation    tax    for    military 


,t>''  i   f    f  f  -"  t>     •' 

6  Compilation  of  Common   School  Laws. 

service,  and  all  taxes  that  may  be  assessed  on  such  domestic 
animals  as  from  their  nature  and  habits,  are  destructive  to 
other  property,  are  hereby  set  apart  and  devoted  to  the 
support  of  common  schools. 

Note. — ^A  fixed  sum  is  now  appropriated  to  the  common  schools 
amounting  in  1912  to  $2,550,000. 

Section  IV. 
Paragraph  I.  Authority  may  be  granted  to  counties,  upon 
the  recommendation  of  two  grand  juries,  and  to  municipal 
corporations  upon  the  recommendation  of  the  corporate 
authority,  to  establish  and  maintain  public  schools  in  their 
respective  limits,  by  local  taxation ;  but  no  such  local  laws 
shall  take  effect  until  the  same  shall  have  been  submitted  to 
a  vote  of  the  qualified  voters  in  each  county  or  municipal 
corporation,  and  approved  by  a  two-thirds  vote  of  persons 
qualified  to  vote  at  such  election ;  and  the  General  Assembly 
may  prescribe  who  shall  vote  on  such  question. 

Note. — McMichael  Act,  amended  August  22,  1907,  provides  that 
two-thirds  of  those  voting  shall  be  necessary  to  carry  the  election 
for  local  taxation  for  public  schools. 

Section  v. 

Paragraph  I.  Existing  local  school  systems  shall  not  be 
affected  by  this  Constitution.  Nothing  contained  in  section 
first  of  this  article  shall  be  construed  to  deprive  schools  in 
this  State,  not  common  schools,  from  participation  in  the 
educational  fund  of  the  State,  as  to  all  pupils  therein  taught 
in  the  elementary  branches  of  an  English  education. 

Section  VI. 

Paragraph  I.  The  Trustees  of  the  University  of  Georgia 
may  accept  bequests,  donations  and  grants  of  land,  or  other 
property,  for  the  use  of  asid  University.  In  addition  to  the 
payment  of  the  annual  interest  on  the  debt  due  by  the  State 
to  the  University,  the  General  Assembly  may,  from  time  to 
time,  make  such  donations  thereto  as  the  condition  of  the 
treasury  will  authorize.  And  the  General  Assembly  may 
also,  from  time  to  time,  make  such  appropriations  of  money 
as  the  condition  of  the  treasury  will  authorize  to  any  college 
or  university  (not  exceeding  one  in  number)  now  established, 
or  hereafter  to  be  established,  in  this  State  for  the  education 
of  persons  of  color. 


PART  I. 


School  Laws 


STATE  BOARD  OF  EDUCATION. 


Members. 

Section  1.     Be  it  enacted  by  the  General  Assembly  of  the 

.  Acts  of 

State  of  Georgia,  and  it  is  hereby  enacted  by  authority  of  i887,  page 
the  same,  That  the  Governor,  the  Attorney-General,  the  Secre- 
tary of  State,  the  Comptroller-General,  and  the  State  School 
Commissioner  shall  constitute  the  Georgia  State  Board  of 
Education.  Of  this  Board  the  Governor  shall  be  ex-oificio 
President,  and  the  State  School  Commissioner  the  chief  ex- 
ecutive officer.  The  Clerk  of  the  State  School  Commissioner, 
as  hereinafter  provided  for,  shall  be  the  clerk  of  the  State 
Board  of  Education.  He  shall  be  the  custodian  of  its 
records,  papers,  and  effects,  and  shall  keep  minutes  of  its 
proceedings,  and  said  records,  papers  and  minutes  shall  be 
kept  in  the  office  of  the  Commissioner,  and  shall  be  open  to 
inspection. 

Note. — The  Acts  of  1911  provide  that  the  State  Board  of  Educa- 
tion shall  be  composed  of  the  Governor,  State  Superintendent  of 
Schools,  and  four  other  persons  who  shall  be  appointed  by  the 
Governor;  at  least  three  of  said  appointees  shall  be  men  of  prac- 
tical experience  in  teaching  schools  and  of  high  standing  in  educa- 
tional work,  having  had  at  least  three  years '  practical  experience  in  the 
schools  of  Georgia.     See  page  102,  1911  School  Laws. 

Meeting — Quorum. 

Sec.  2.     That  the  said  Board  shall  meet,  upon  the  call  of 
its  President  or  a  majority  of  its  members,  at  the  office  of   Acts  of 
the   State   School   Commissioner  at  the   Capitol,   or  at   such    \\V'  ^^^® 
other  place  as  may  be  designated  in  the  call.    A  majority  of 
the  Board  shall  constitute  a  quorum  for  transacting  business. 


Compilation  of  Common  School  Laws. 


Acts  of 
1887,   page 
68. 


Acts   of 
1887,  page 
69. 


Donations  for  educational  purposes. 

Sec.  3.  That  said  Board  may  take  and  hold,  to  it  and  its 
successors,  in  trust  for  the  State,  any  grant  or  devise  of 
lands,  or  any  donation  or  bequest  of  money,  or  other  personal 
property,  made  to  it  for  educational  purposes,  and  shall  forth- 
with place  in  the  hands  of  the  Treasurer  of  the  State  for 
safe-keeping  all  moneys  and  personal  property  so  received, 
and  titles  to  land,  taking  therefor  a  receipt  from  said-officer. 
When  it  is  evidently  the  intention  of  the  donor  or  devisor  that 
the  corpus  of  moneys  thus  received  is  not  to  be  used,  the 
General  Assembly  may,  from  time  to  time,  invest  said  moneys 
in  the  name  of  the  State;  provided,  that  all  moneys  obtained 
under  this  section,  together  with  the  profits  accruing  from 
investment,  shall  be  subject  to  use  only  for  educational  pur- 
poses. The  Treasurer  of  the  State  shall  pay  to  the  order  of 
the  Board  the  income  or  principal  thereof  as  said  Board  may, 
from  time  to  time,  require  in  pursuance  of  law,  but  no  dis- 
position of  any  devise,  donation  or  bequest  shall  be  made  in- 
consistent with  the  conditions  or  tenor  of  the  devise,  donation 
or  bequest.  For  the  faithful  keeping  of  all  property  or 
moneys  so  received  by  the  Treasurer,  he  shall  be  responsible 
upon  his  bond  to  the  State,  as  for  other  funds  received  by  him 
in  his  official  capacity. 

Seal. 

Sec.  4.  That  the  State  Board  of  Education  shall  procure 
a  suitable  seal,  which  shall  be  used  for  the  authentication  of 
the  acts  of  the  Board  and  the  important  acts  of  the  State 
School  Commissioner. 


Acts  of 
1887,   page 
60. 


Advisory   body — Shears    appeals    from    decisions    of    State 
School  Commissioner. 

Sec.  5.  That  the  State  Board  of  Education  shall  con- 
stitute an  advisory  body,  with  whom  the  State  School  Com- 
missioner shall  have  the  right  to  consult  when  he  is  in  doubt 
as  to  his  official  duty  and  also  a  body  in  the  nature  of  a 
court  of  which  appeals  shall  be  made  from  the  decisions  of 
the  State  School  Commissioner  upon  any  question  touching 
the  construction  or  administration  of  the  school  laws  and  the 


State  Laws.  9 

decision  of  the  State  Board,  when  rendered,  shall  be  final  and 
conclusive  upon  the  matter  in  issue.  Appeals  to  the  State 
Board  must  be  made  through  the  County  Commissioner  in 
writing,  and  must  distinctly  set  forth  the  question  at  law, 
as  well  as  the  facts,  in  the  case  upon  which  the  appeal  is 
taken.  Upon  any  question  involving  the  construction  or 
administration  of  the  school  laws,  the  concurrence  of  a  major- 
ity of  the  whole  Board  shall  be  necessary  in  order  to  give 
validity  to  the  decision. 

Additional  Duties  of  State  Board  of  Education. 

As  State  Schoolbook  Commission,  State  Board  is  required 
to  select  text-books  for  the  common  schools  of  the  State. 
(Sec.  Part  xi.) 


10  Compilation  of  Common  School  Laws. 


PART  II. 


STATE  SCHOOL  COMMISSIONER. 


Election — charged  with  administration  of  school  law  and 
superintendence  of  common  school  affairs. 

Section  1.  There  shall  be  a  State  School  Commissioner 
1887  *page  elected  by  the  people  at  the  same  time  and  manner  as  the 
35-  Governor  and  State-house  officers  are  elected,  whose  term  of 

office  shall  be  two  years  and  until  his  successor  is  elected  and 
qualified.  His  office  shall  be  at  the  seat  of  government  and 
he  shall  be  paid  a  salary  not  to  exceed  two  thousand  dollars 
($2,000)  per  annum.  The  General  Assembly  may  substitute 
for  the  State  School  Commissioner  such  officer  or  officers 
as  may  be  deemed  necessary  to  perfect  the  system  of  public 
education.  He  shall  be  charged  with  the  administration 
Acts  of  o^   t^^   school   laws,   and   a   general    superintendence   of   the 

1887,  page  business  relating  to  the  common  schools  of  the  State.  He 
shall  prescribe  suitable  forms  for  the  reports  required  of  sub- 
ordinate school  officers  and  blanks  for  their  guidance  in 
transacting  their  official  business  and  shall,  from  time  to  time, 
prepare  and  transmit  to  them  such  instruction  as  he  may 
deem  necessary  for  the  faithful  and  efficient  execution  of  the 
school  laws,  and  by  whatsoever  is  thus  communicated  to  them 
shall  they  be  bound  to  govern  themselves  in  the  discharge  of 
their  official  duty :  provided  nevertheless,  there  shall  always 
be  an  appeal  from  the  State  School  Commissioner  to  the 
State  Board  of  Education  as  hereinbefore  enacted. 

Note. — See   note   under  paragraph   I,   section   II,    of   Constitution  j 
also  page  102,  1911  School  Laws. 

Some  specific  duties — Contents  of  Annual  Report. 

Sec.  2.     That  it  shall  be  the  duty  of  the  State  School  Com- 
missioner to  visit,  as  often  as  possible,  the  several  counties 
of  the  State  for  the  purpose  of  examining  into  the  adminis- 
1887,  page      tration  of  the  school  law  in  said  counties,  of  counseling  with 
school  officers,  of  delivering  popular  addresses,  of  inspecting 


State  School  Commissioner.  11 

school  operations,  and  of  doing  such  other  acts  as  he  may 
deem  subservient  to  the  interests  of  popular  education. 

Sec.  3.     The  State  Cchool  Commissioner  shall  see  that  the   Acts  of 
proper  actions  provided  by  law  are  brought  against  all  officers    70^^'  ^^^® 
and  agents  of  the  system,  who  are  liable  to  the  same,  for  mis- 
appropriation of  the  school  fund  or  other  cause. 

Sec.  4.  That  the  State  School  Commissioner  shall  make 
an  annual  report  to  the  General  Assembly,  in  which  he  shall 
present  a  statement  of  the  condition  and  amount  of  all  funds 
and  property  appropriated  to  the  purpose  of  public  education ; 
a  statement  of  the  number  of  common  and  public  schools  of 
the  various  grades  in  the  State;  the  number  of  scholars  at- 
tending such  schools,  their  sex,  color,  and  the  branches  taught ;  Acts  of 
a  statement  of  the  average  cost  per  scholar  of  instruction  ss- 
under  the  common  school  system  in  each  county;  a  statement 
of  the  plans  for  the  management,  extension  and  improvement 
of  the  common  schools ;  a  statement  of  the  number  of  children 
of  school  age  in  the  State,  with  as  much  accuracy  as  the  same 
can  be  ascertained ;  also,  a  statement  of  the  number  of  private 
schools  and  colleges  of  the  different  kinds  in  the  State;  the 
number  of  pupils  in  such  schools  or  colleges;  their  sex,  the 
branches  taught,  the  average  cost  of  tuition  per  scholar  in  said 
schools  and  colleges. 

Salary  and  expenses  of  office — oath. 

Sec.  5.     That  the  State  School  Commissioner  shall  be  en-    Acts  of 

1887,   page 

titled  to  receive  for  his  services  the  sum  of  two  thousand  7i. 
dollars  annually  in  quarterly  installments.  All  his  necessary 
traveling  expenses  incurred  in  the  performance  of  his  official 
duties,  and  all  postage  and  other  expenses  absolutely  neces- 
sary arising  in  his  office,  shall  be  paid  by  the  State.  He  shall 
also  be  entitled  to  employ  one  clerk  to  aid  him  in  his  official 
duties.  His  clerk  shall  receive  an  annual  salary,  not  exceed- 
ing twelve  hundred  dollars,  to  be  paid  quarterly.  The  salaries 
and  other  expenses  named  in  this  section  shall  be  paid  out 
of  the  State  school  fund  on  executive  warrant.  It  shall  also  be 
the  duty  of  said  Commissioner  to  keep  an  itemized  account  of 
all  expenses  connected  with  his  department,  which  accounts 
shall  be  audited  bv  the  State  Board  of  Education. 


12  Compilation  of  Common  School  Laws. 

Acts  of  ^^^-  ^'     '^hat  before  entering  upon  the  discharge  of  his 

1887,  page      official  duties,  the  said  Commissioner  shall  take  and  subscribe 
to  the  same  oath  required  of  other  officers  of  this  State. 

Additional  Duties  of  State  School  Commissioner. 

State  School  Conimissioner  is  member  of  State  Board  of 
Education  (Part  1,  Sec.  1)  ;  uses  seal  (Part  1,  Sec.  4)  ;  is 
member  of  Geological  Board  (Acts  of  1894,  page  111)  ;  Sec- 
retary and  Executive  Agent  of  State  Board  of  Education 
(Acts  of  1911). 


County  Board  of  Education. 


13 


PART  III. 


COUNTY  BOARD  OF  EDUCATION. 


Acts  of 
1887,  page 

62. 


Each  county  a  school  district. 

Section  1.     That  hereafter  each  and  every  county  in  the  Acts  of^ 
State  shall  compose  one  school  district,  and  shall  be  confided    7i. 
to  the  control  and  management  of  a  County  Board  of  Edu- 
cation. 

Selection,  qualification  and  term  of  office  of  members  of 
County  Board  of  Education — Compensation. 

Sec.  2.  That  the  grand  jury,  of  each  county  (except  those 
counties  which  are  under  a  local  system)  in  this  State  shall, 
from  time  to  time,  select  from  the  citizens  of  their  respective 
counties  frve  freeholders,  who  shall  constitute  the  County 
Board  of  Education.  Said  members  shall  be  elected  for  the 
term  of  four  years,  and  shall  hold  their  offices  until  their 
successors  shall  be  elected  and  qualified;  provided,  however , 
that  no  publisher  of  school-books,  nor  any  agent  for  such  pub- 
lisher, nor  any  person  who  shall  be  peculiarly  interested  in 
the  sale  of  school-books,  shall  be  eligible  for  election  as 
member  of  any  Board  of  Education  or  as  County  School 
Commissioner  of  any  county  in  this  State;  provided  further, 
that  whenever  there  is  in  a  portion  of  any  county  a  local  Acts  of 
school  system  having  a  Board  of  Education  of  its  own,  and  28. 
receiving  its  pro  rata  of  the  public  school  fund  directly  from 
the  State  School  Commissioner,  and  having  no  dealings  what- 
ever with  the  County  Board  of  Education,  then  the  members 
of  the  County  Board  of  Education  of  such  county  shall  be 
selected  from  that  portion  of  the  county  not  embraced  within 
the  territory  covered  by  such  local  system. 

See  Part  xiv,  Note  4. 

See  Part  xv,  Note  1. 

See  1911  School  Lawsf,  page  102. 

Sec.  3.     That  the  members  of  the  Board  of  Education  in   ^^^^  ^^ 
each  county  shall  be  paid  a  per  diem  not  to  exceed  two  dollars    J^^r,  page 
for  each  day's  actual  service  out  of  the  school  fund  appro- 


14 


Compilation  oi^  Common   School  Laws. 


Acts  of 
1887,  page 
72. 


Acts  of 
1887,   page 
72. 


priated  to  the  county;  and  their  accounts  for  service  shall 
be  submitted  for  approval  to  the  Ordinary  or  County  School 
Commissioner;  and  they  shall  not  receive  any  other  compen- 
sation, such  as  exemption  from  road  and  jury  duty. 

Certification  of  election — removal  from  office — vacancies. 

Sec.  4.  That  whenever  members  of  a  County  Board  are 
elected  or  appointed  in  pursuance  of  the  provisions  of  the 
above  section,  it  shall  be  the  duty  of  the  Clerk  of  the  Superior 
Court  to  forward  to  the  State  School  Commissioner  a  certified 
statement  of  the  facts,  under  the  seal  of  the  court,  signed 
officially  by  him,  as  evidence  upon  which  to  issue  commis- 
sions, and  the  corresponding  evidence  of  the  election  of  a 
County  Commissioner  shall  be  the  certified  statement  of  the 
Secretary  pro  tern,  of  the  meeting  of  the  Board  at  which  the 
election  was  held.  Any  member  or  members  of  the  County 
Board  of  Education  shall  be  removable  by  the  judges  of  the 
Superior  Court  of  the  county,  on  the  address  of  two-thirds 
of  the  Grand  Jury,  for  inefficiency,  incapacity,  general  neglect 
of  duty,  or  malfeasance  or  corruption  in  office;  that  the  judges 
of  the  Superior  Courts  of  this  State  shall  have  the  power  to 
fill  vacancies  by  appointment  in  the  County  Boards  of  Edu- 
cation for  the  counties  composing  their  respective  judicial 
circuits,  until  the  next  session  of  the  grand  juries  in  and  for 
said  counties,  when  said  vacancies  shall  be  filled  by  said 
grand  juries. 

See  Part  xiv,  Note  1. 

See  Part  xiv,  Note  2. 

See  Part  xvii,  Note  5. 

Officers — sessions. 

Sec.  5.  That  the  Board  of  Education  shall  elect  one 
of  their  number  President,  who  shall  serve  as  such  during  the 
term  for  which  he  was  chosen  a  member  of  the  Board.  The 
County  School  Commissioner  shall  be  ex-oificio  Secretary  of 
the  Board.  A  majority  of  the  Board  shall  constitute  a 
quorum  for  the  transaction  of  business.  It  shall  be  the  duty 
of  said  Secretary  to  be  present  at  the  meetings  of  the  Board, 
and  to  record  in  a  book,  to  be  provided  for  the  purpose,  all 
their  official  proceedings,  which    shall    b^    a    public    record 


County  Board  oi^  Education.  15 

open  to  the  inspection  of  any  person  interested  therein,  and 
all  such  proceedings,  when  so  recorded,  shall  be  signed  by 
the  President  and  countersigned  by  the  Secretary. 

Note. — It  is  important  that  the  minutes  of  the  meetings  of  the 
County  Boards  of  Education  shall  be  kept  in  full.  Expenditures 
authorized  should  be  itemized. 

Sec.  8.     That  it  shall  be  the  duty  of  the  County  Board  of   Acts  of 

''  1887      D£IS6 

Education  to  hold  regular  sessions  on  the  first  Tuesday  of    72. 
the  month  succeeding  their  election,  and  each  three  months 
thereafter,  at  the  court  house  of  the  county  for  the  transac- 
tion of  business  pertaining  to  the  public  schools,  with  power 
to  adjourn  from  time  to  time,  and  in  the  case  of  the  absence   Amended 
of  the  President  or  Secretary,  they  may  appoint  one  of  their    ^^^^  ^^^^ 
own  number  to  serve  temporarily.  ^2. 

School  Sub-Districts^-employment  of  teachers — written 
contracts  with  teachers — teachers'  reports — appoint- 
ment and  duties  of  trustees. 

Sec.  7.  That  the  County  Boards  shall  lay  off  their  coun- 
ties into  sub-school  districts,  in  each  of  which  sub-school  dis- 
trict they  shall  establish  one  common  school  each  for  the  ^^^^  o' ^^ 
white  and  colored  races  where  the  population  of  the  two  races  124. 
is  sufficient,  which  schools  shall  be  as  near  the  center  of  the 
sub-school  districts  as  can  conveniently  be  arranged,  reference 
being  had  to  any  schoolhouse  already  erected,  and  population 
of  said  sub-school  district,  and  to  the  location  of  white  and 
colored  schools  with  regard  to  contiguity;  provided,  however, 
that  in  such  sub-school  districts  where  more  than  one  school 
is  demanded,  then  they  may  establish  one  or  more  additional 
schools  in  such  sub-school  district;  and  provided,  also,  that 
whenever  it  becomes  proper  to  lay  off  new  sub-school  districts, 
or  alter  the  boundaries  of  those  already  laid  off,  the  said 
Board  shall  have  full  power  to  make  such  changes  as  the 
public  necessities  may  require. 

See  Part  xii,  Sec.   1. 

See  Part  xiv,  Note  6. 

See  Part  xiv,  Note  9. 

See  Part  xiv,  Note  11. 

See  Part  xvii,  Note  7. 

Sec.  8.     The  said  County  Boards  are  also  empowered  to   f^^^  ^^^  ^ 
employ  teachers   in  the  manner  hereinafter  pointed   out,  to    124. ' 


16 


Compilation  of  Common  School  Laws. 


Acts  of 
1887,  page 
77. 


Acts  of 

1889 

122. 


page 


serve  in  the  schools  under  their  jurisdiction,  and  the  contracts 
for  said  service  shall  be  in  writing,  signed  in  duplicate  by 
the  teacher  on  his  own  behalf  and  by  the  County  School  Com- 
missioner on  behalf  of  the  Board. 

Note. — ^A  large  number  of  the  misunderstandings  between  com- 
missioners and  teachers  come  from  failure  to  make  contracts  in  writing. 

See  Part  xiv,  Note  8. 

See  Part  xiv,  Note  10. 

See  Part  xiv,  Note  12. 

It  shall  be  the  duty  of  the  teachers  to  make  and  file  with 
the  County  Commissioners  at  the  expiration  of  each  term  of 
school,  a  full  and  complete  report  of  the  whole  number  of 
scholars  admitted  to  the  school  during  said  term,  distinguish- 
ing between  males  and  females  and  colored  and  white,  to- 
gether with  the  names  thereof,  and  the  entire  and  the  average 
attendance,  the  branches  taught,  the  number  of  pupils  en- 
gaged in  the  study  of  each  of  the  said  branches,  and  such 
other  statistics  as  he  or  she  may  be  required  to  report  by  the 
County  Commissioner,  or  by  the  State  School  Commissioner, 
and  until  such  report  shall  have  been  prepared,  sworn  to  and 
filed  by  said  teacher  as  aforesaid,  it  shall  not  be  lawful  for  said 
County  Commissioner  to  audit  the  account  of  said  teacher  for 
his  or  her  services. 
See  Part  xv,  Note  4. 

Sec.  9.  That  the  County  Boards  of  Education,  whenever, 
in  their  opinion,  the  good  of  the  schools  in  their  respective 
counties  demand  it,  may,  at  their  discretion,  appoint  three 
intelligent,  upright  citizens  of  each  subdistrict  of  their 
respective  counties  to  act  as  school  trustees  for  their  sub- 
districts,  naming  one  of  the  appointees  to  serve  for  one  year, 
and  one  for  two,  and  one  for  three  years;  and  as  vacancies 
occur  by  the  expiration  of  the  terms  of  incumbents,  the  Board 
shall  fill  those  vacancies  with  appointees  whose  term  of 
service  shall  be  three  years;  and  should  vacancies  occur  by 
death,  resignation,  or  otherwise,  the  Boards  of  Education 
shall  fill  these  vacancies  for  the  unexpired  term ;  and  whenever 
School  Trustees  are  chosen  as  herein  provided,  the  fact  shall 
be  recorded  in  the  minutes  of  the  County  Boards,  and  the 
appointees  shall  receive  certificates  of  their  appointment 
from  the  Countv  School  Commissioner,  and  these  certificates 


County  Board  of  Education.  17 

shall  be  their  sufficient  warrant  for  entering  upon  and  per- 
forming the  duties  of  their  office.  That  it  shall  be  the  duty 
of  the  School  Trustees  herein  provided  for  to  supervise  the 
school  operations  of  their  subdistricts,  to  visit  the  schools, 
and  to  make  such  recommendations  to  the  County  Boards, 
in  relation  to  the  school  interests  of  their  subdistricts,  as 
may  seem  to  them  best,  and  especially  in  the  matter  of 
choosing  teachers  for  their  subdistricts.  It  shall  be  their 
right  to  recommend  applicants,  and  it  shall  be  the  duty  of 
the  County  Boards  to  choose  as  teachers  the  persons  so  recom- 
mended; provided,  they  shall  be  persons  duly  qualified  and 
eligible  according  to  the  provisions  of  existing  law;  and 
furthermore,  it  shall  be  the  duty  of  the  School  Trustees,  in 
recommending  persons  as  teachers,  to  recommend  those  per- 
sons who,  in  their  opinion,  are  the  choice  of  the  communities 
to  be  served;  and  it  shall,  furthermore,  be  the  duty  of  the 
School  Trustees  to  make  a  written  report,  once  a  year,  to 
the  '  County  Boards  in  relation  to  the  matters  committed  to 
their  supervision,  or  oftener  if  required  by  the  County  Boards 
of  Education. 

Note — Duties  of  Trustees. 

*'You  are,  therefore,  hereby  authorized  and  required  to  perform 
all  the  duties  incumbent  on  you  as  a  Trustee  aforesaid,  according  to 
law  and  the  trust  reposed  in  you.  This  commission  is  to  continue  in 
force  during  active  and  efficient  service  and  for  the  term  pointed  out 
by  the  laws  of  the  State,  which  say  that  this  certificate  shall  be  your 
sufficient  warrant  for  entering  upon  and  performing  the  duties  of 
your  office.  These  duties  are  as  follows:  To  visit  your  school;  to 
inspect  the  school  work  in  your  district,  giving  special  attention  to 
oral  and  written  examinations  of  pupils;  to  make  general  recommen- 
dations to  the  County  Board  of  Education  for  the  advancement  of 
the  school  interests  in  your  districts;  to  aid,  by  recommendation  of 
desirable  applicants,  the  County  Board  of  Education  in  choosing 
teachersf  for  your  schools;  to  see  that  the  school  house  is  in  good  re- 
pair and  equipped  for  good  work,  and  that  the  school  grounds  are 
properly  improved  and  supplied  with  shade,  fuel,  water  and  other 
necessaries;  to  make  a  written  report,  once  a  year,  to  the  County 
Board,  in  relation  to  the  matters  committed  to  your  supervision,  or 
oftener  if  required  by  the  County  Board  of  Education. 

"As  you  have  opportunity,  impress  upon  patrons  and  pupils  the 
importance  of  regular  attendance,  of  hearty  home  co-operation,  and 
establishing  and  using  school  libraries." — Extract  from  Trustee's 
Commission, 


18 


Compilation  of  Common   School  Laws. 


Acts  of 
1887,   pagre 
78. 


Acts  of 
1898,   page 
71. 


School  property — races  taught  separately — building  of 
schoolhouses — defining  and  regulating  public  school 
term. 

Sec.  10.  That  the  County  Board  of  Education  shall  have 
power  to  purchase,  lease,  or  rent  school  sites ;  to  build,  repair, 
or  rent  schoolhouses;  to  .purchase  maps,  globes  and  school 
furniture,  and  to  make  all  other  arrangements  of  this  kind 
necessary  to  the  efficient  operation  of  the  schools  under  their 
care;  and  the  said  Boards  shall  also  be,  and  are  hereby,  in- 
vested with  the  title,  care,  and  custody  of  all  schoolhouses, 
sites,  school  libraries,  apparatus,  or  other  property  belonging 
to  subdistricts,  as  now  defined,  or  as  may  hereafter  be  defined, 
in  their  several  counties,  with  all  power  to  control  the  same, 
in  such  manner  as  they  think  will  best  subserve  the  interests 
of  common  schools;  and  when,  in  the  opinion  of  the  Board, 
any  schoolhouse  site  has  become  unnecessary  or  inconvenient, 
they  may  sell  and  convey  the  same  in  the  name  of  the  County 
Board  of  Education,  such  conveyance  to  be  executed  by  the 
President  or  Secretary  of  said  Board  according  to  the  order 
of  the  Board.  They  shall  have  power  to  receive  any  gift, 
grant,  donation,  or  devise  made  for  the  use  of  common  schools 
within  their  respective  counties;  and  all  conveyances  of  real 
estate  which  may  be  made  to  said  Board  shall  vest  the  prop- 
erty in  said  Board  of  Education  and  their  successors  in  office. 
It  shall  also  be  the  duty  of  said  Board  of  Education  to  make 
arrangements  for  the  instruction  of  the  children  of  the  white 
and  colored  races  in  separate  schools.  They  shall,  as  far  as 
practicable,  provide  the  same  facilities  for  both  races  in 
respect  of  attainments  and  abilities  of  teachers  and  length  of 
term-time;  but  the  children  of  the  white  and  colored  races 
shall  not  be  taught  together  in  any  common  or  public  school 
of  this  State;  and  in  respect  to  the  building  of  the  school- 
houses  mentioned  in  this  Section,  the  said  Board  of  Educa- 
tion may  provide  for  the  same,  either  by  labor  on  the  part 
of  the  citizens  of  subdistricts  to  be  served,  or. by  a  tax  on 
their  property,  as  may  be  hereinafter  provided. 

Sec.  11.  The  several  County  Boards  of  Education  of  this 
State  shall  have  full  power  and  authority  to  define  and  regu- 
late the  length  of  the  public  school  terms  of  their  respective 
counties. 


County  Board  of  Education.  19 

Judicial  tribunal — appeals. 

Sec.  12.  That  the  County  Board  of  Education  shall  con-  ^^^^  ^^ 
stitute  a  tribunal  for  hearing  and  determining  any  matter  of  i887,  page 
local  controversy  in  reference  to  the  construction  or  adminis- 
tration of  the  school  law,  with  power  to  summon  witnesses 
and  take  testimony  if  necessary;  and  when  they  have  made  a 
decision,  said  decision  shall  be  binding  upon  the  parties  to 
the  controversy;  provided,  that  either  of  the  parties  shall 
have  the  right  to  appeal  to  the  State  School  Commissioner, 
and  said  appeal  shall  be  made  through  the  County  Commis- 
sioner in  writing,  and  shall  distinctly  set  forth  the  question  in 
dispute,  the  decision  of  the  County  Board  and  the  testimony, 
as  agreed  upon  by  the  parties  to  the  vontroversy,  or  if  they 
fail  to  agree,  upon  the  testimony  as  reported  by  the  Com- 
missioner. 

Vaccination. 

Sec.  13.  That  the  County  Board  of  Education  in  the  ^^^^  ^^ 
counties  of  this  State,  and  the  Boards  of  Public  Education  page^gy. 
for  the  cities  of  this  State,  be,  and  they  are  hereby,  authorized 
and  empowered  to  make  such  regulations  as  in  their  judg- 
ment shall  seem  requisite  to  insure  the  vaccination  of  the 
pupils  in  their  respective  schools,  and  may  require  all  scholars 
or  pupils  to  be  vaccinated  as  a  prerequisite  to  admission  to 
their  respective  schools. 

Additional  Duties  of  Members  of  County  Board  of  Education. 

County  Board  of  Education  authorized  to  administer  oaths  in  certain 
instances.     (See  Part  iv,  Sec.  9. 

County  Board  of  Education  selects  the  months  (within  the  proper 
calendar  year)  in  which  schools  shall  be  operated.  (See  Part  v, 
Sec.  4.) 


20  Compilation  of  Common   School  Laws. 


PART  IV. 


COUNTY  SCHOOL  COMMISSIONER. 


1.     Term — examination — election — ^bond — oath. 

Acts  of  Section  1.    That  the  County  Board  of  Education  shall, 

1887,  page  from  the  citizens  of  their  counties,  select  a  County  Commis- 
sioner of  Education,  who  shall  be  ex-officio  county  superin- 
tendent of  the  common  schools,  and  who  shall  hold  his  office 
for  the  term  of  four  years.  Before  election  the  applicants 
for  positions  of  County  School  Commissioner  shall  be  exam- 
ined by  the  President  of  the  County  Board  of  Education,  or 
by  some  one  appointed  by  him  or  the  Board  for  that  purpose, 
upon  written  or  printed  questions,  which  shall  be  furnished 
to  the  Board  by  the  State  School  Commissioner — said  ex- 
amination to  be  upon  the  subjects  taught  in  the  common 
schools,  upon  the  science  and  theory  of  common  school  teach- 
ing and  government,  and  upon  such  other  subjects  as  the  State 
School  Commissioner  may  deem  proper.  The  said  County 
Board  of  Education  shall  then  elect  such  applicant  County 
School  Commissioner  who  has  stood  satisfactory  examina- 
tion, taking  into  consideration  the  moral  character,  business 
qualifications,  and  general  availability  of  each  applicant 
The  County  School  Commissioner  so  elected  shall  be  required 
to  give  bond  with  good  security  payable  to  the  County  Board 
of  Education,  conditioned  upon  the  faithful  performance  of 
his  duty  under  the  law,  the  amount  and  sufficiency  of  the 
security  to  be  judged  by  the  County  Board  of  Education. 

Note. — County  School  Superintendent  substituted  for  County  School 
Commissioner.  See  1911  School  Laws,  page  102,  for  duties,  qualifica- 
tions, election,  etc. 

See  Part  xvi.   Note  8. 

See  Part  xvii.  Note  6. 

^OTE. — A  County  School  Commissioner  may  be  postmaster,  but 
can  not  hold  any  other  office  Of  profit  or  trust  under  the  Govern- 
ment of  the  United  States  or  of  any  of  the  several  States,  or  of  any 
foreign  State.     (See  Code,  Vol.  1,  Sec.  223.) 


County  School  Commissioner.  21 

Sec.  2.     Before  entering  upon  the  discharge  of  his  official   ^^.^g  ^f 
duties  the  said  Commissioner  shall  take  and  subscribe  to  the    yff^*  p*^® 
same  oath  required  of  the  other  officers  of  this  State. 

Removal  from  office — successor. 

Sec.  3.  The  County  School  Commissioner  may  be  removed 
from  office  before  the  expiration  of  his  term  by  a  majority 
vote  of  the  Board  of  Education  for  inefficiency,  incapacity,  ^ 

neglect  of  duty,  or  malfeasance  or  corruption  in  office;  pro-    i|87,  page 
vided,  that  any  Commissioner  so  removed  shall  have  the  right 
of  appeal  from  the  action  of  the  County  Board  to  the  State 
School   Commissioner,   and   from  the   State   School   Commis- 
sioner to  the  State  Board  of  Education. 

Sec.  4.     Should  there  be  a  vacancy  in  the  office  of  County   ^^^  ^^ 
School  Commissioner,  by  resignation  or  otherwise,  an  exami-    J|^^'  p^^® 
nation  and  election  for  the  remainder  of  the  vacant  term  shall 
be  held  in  the  same  manner,  and  by  the  same  authorities,  as 
for  that  of  a  full  term. 

Duties — compensation— office — compensation  in  special 
cases. 

Sec.  5.  That  the  County  Commissioner  shall  constitute  j^^^  ^^ 
the  medium  of  communication  between  the  State  School  Com-  J??^*  ^*^® 
missioner  and  the  subordinate  school  officers;  that  he  shall 
visit  each  school  in  his  county  at  least  once  during  the  school 
term,  or  twice  if  practicable,  and  oftener  if  ordered  by  the 
Board,  and  without  notice  to  the  teachers,  for  the  purpose 
of  inspecting  its  management  and  the  mode  of  instruction, 
and  of  giving  such  advice  and  making  such  suggestions  as 
shall  tend  to  elevate  it  in  character  and  efficiency.  He  shall 
be  the  agent  of  the  County  Board  in  procuring  such  school 
furniture,  apparatus,  and  educational  requisites  as  they  may 
order  to  be  purchased,  and  shall  see  that  none  but  the  pre- 
scribed text-books  are  used  by  the  pupils;  that  it  shall  be 
his  duty  to  audit  all  accounts  of  teachers  and  others  before 
an  application  is  made  to  the  County  Board  for  an  order  for 
payment,  and  that  the  said  County  Commissioner  shall  pro- 
cure a  book,  in  which  he  shall  keep  a  record  of  his  official  acts, 
which,  together  with  all  the  books,  papers  and  property  ap- 


22 


Compilation  of  Common   School  Laws. 


page 


pertaining  to  his  office,  he  shall  turn  over,  on  his  resignation, 
or  at  the  expiration  of  his  official  term,  to  his  successor. 
See  Part  xv,  Note   2. 

It  shall  be  the  duty  of  every  County  School  Commissioner 
in  this  State  to  place  upon  all  teachers'  licenses  issued  by 
them  the  seal  of  the  Board  of  Education  of  the  county  for 
which  they  are  commissioner. 

Sec.  6.  That  the  said  County  Commissioner  shall  receive 
such  compensation  as  the  County  Board  may  allow  him,  not 
to  exceed  three  dollars  per  day,  to  be  determined  by  the 
County  Board  of  Education,  for  each  day  actually  employed 
in  the  discharge  of  his  official  duties,  the  same  to  be  paid 
out  of  the  educational  fund  furnished  to  the  county.  His 
claim  for  services  shall  be  presented  in  the  form  of  an  account 
against  th^  County  Board  of  Education,  and  shall  be  verified 
by  affidavit,  to  the  effect  that  the  said  account  is  just  and 
true;  that  the  service  therein  named  was  honestly  and  faith- 
fully rendered,  and  that  the  sum  therein  claimed  is  rightfully 
due,  and  remains  unpaid.  When  said  account  shall  have 
been  duly  audited  and  approved  by  the  County  Board,  the 
said  Commissioner  shall  retain  his  pay  out  of  the  revenue 
aforesaid;  provided,  that  the  County  Board  of  Education 
shall  determine  the  number  of  days  in  each  year  in  which 
said  County  Commissioner  may  labor  in  the  performance 
of  the  duties  required  of  him. 

Note. — Minimum  salary  of  County  School  Superintendent,  $450, 
with  allowance  of  $150  for  expenses  of  visiting  schools.  No  maxi- 
mum limit  specified.    See  1911  School  Laws,  page  102. 

Sec.  7.  County  Boards  of  Education  in  counties  having 
a  population  of  more  than  sixty  thousand  inhabitants,  shall 
be  authorized  and  empowered  to  pay  the  County  School  Com- 
missioners of  such  counties  such  salary  in  lieu  of  a  per  diem, 
as  the  said  County  Boards  of  Education  shall  fix,  not  to 
exceed  the  sum  of  eighteen  hundred  dollars  per  annum. 

Sec.  8.  That  it  shall  be  the  duty  of  the  county  authorities 
of  the  different  counties  of  this  State  to  furnish  the  County 
School  Commissioners  thereof  an  office  in  the  court-house 
thereof;  provided,  there  is  sufficient  room  in  said  court-house 


County  School  Commissioner.  23 

after    furnishing   the    county    officers    of    such    county    with 
offices  as  now  provided  by  law. 

School  officers  authorized  to  administer  oaths. 

Sec.  9.     That  County  School  Commissioners  and  members    Acts  of 
of  the  County  Boards  of  Education  shall  be  empowered  and    si. 
authorized  to  administer  such  oaths  as  may  be  necessary  in 
transacting  school   business,   or  in   conducting   investigations 
before  the  County  Boards  when  sitting  as  judicial  tribunals 
for  determining  controversies  arising  under  school  laws. 

Report  to  grand  jury— duty  of  grand  jury  in  matter  of 
report. 

Sec.  10.  That  it  shall  be  the  duty  of  the  County  School  ^cts  of 
Commissioner  of  each  of  the  counties  of  this  State  to  make  Hf^'  ^^^® 
a  report  of  the  school  operations  of  the  .preceeding  year  to  the 
grand  jury,  at  the  spring  term  of  the  court,  and  to  place  his 
books  before  them  for  examination;  and  in  making  up  the 
general  presentments,  it  shall  be  the  duty  of  the  jury  to 
take  proper  notice  of  the  matters  thus  brought  to  their  at- 
tention. 

County  School  Commissioners  Elected  by  the  People. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Georgia,  and  it  is  hereby  enacted  by  the  authority 
of  the  same,  that  from  and  after  the  passage  of  this  Act, 
the  County  School  Commissioners  in  the  various  counties  of 
this  State  shall  be  elected  by  the  electors  of  their  resj>ective 
counties,  who  are  entitled  to  vote  for  the  members  of  the 
General  Assembly  at  the  general  election  held  for  such  mem- 
bers next  preceding  the  expiration  of  each  County  School 
Commissioner's  present  term  of  office  and  for  a  term  of  four 
(4)  years  and  until  their  successors  are  elected  and  qualified. 

Sec.  2.  Be  it  further  enacted,  That  the  examination  now 
required  by  Section  1366  of  Volume  I  of  the  Code  of  1895, 
be  held  at  least  ninety  (90)  days  before  day  of  election  and 
all  candidates  for  such  offices  shall  stand  said  examination 
and  those  who  fail  to  make  the  per  cent,  hereinafter  set  out, 
shall  by  the  Board  of  Education  be  declared  ineligible  to  hold 
the  office  of  Countv  School  Commissioner. 


24  Compilation  of  Common  School  Laws. 

Sec.  3.  Be  it  further  enacted,  That  all  applicants  standing 
said  examination  shall  be  required  to  make  (85%)  eighty- 
five  .per  cent,  in  said  examination  before  they  shall  be  declared 
eligible  to  hold  office  of  County  School  Commissioner  by  said 
Board  of  Education. 

Note. — For  qualifications,  see  1911  School  Laws,  page  102. 

Sec.  4.  Be  it  further  enacted,  That  in  case  of  a  vacancy 
by  death,  resignation,  removal  from  office  or  any  cause  what- 
soever in  the  office  of  County  Commissioner  in  any  county  of 
this  State,  the  County  Board  of  Education  shall  elect  a 
County  School  Commissioner  for  the  unexpired  term ;  pro- 
vided, said  unexpired  term  is  for  a  period  less  than  one  year 
(1),  but  should  said  vacancy  occur  one  year  (1)  or  more 
before  the  expiration  of  said  terrn,  then  and  in  that  event 
the  Ordinary  shall  order  an  election  for  the  unexpired  term, 
said  election  to  be  held  within  ninety  (90)  days  after  vacancy 
occurs. 

Note. — The  Board  has  the  right  to  elect  for  an  unexpired  term 
of  any  length.     See  1910  School  Laws,  page  96. 

Sec.  5.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  are  hereby  repealed. 

Approved  August  16th,  1909. 

Note. — During  the  last  two  years  an  annual  statement  of  the  ac- 
count of  each  County  School  Commissioner  has  been  furnished  to  the 
County  School  Commissioner  and  to  the  grand  jury  through  the  Clerk 
of  the  Superior  Court. 

Additional  Duties  of   County   School   Commissioners, 

County  School  Commissioner  is  secretary  of  County  Board  of 
Education  (Part  iii,  Sec.  5) ;  issues  certificates  to  School  Trustees 
(Part  iii,  Sec.  9) ;  forwards  appeals,  in  writing,  from  decision  of 
County  Board  of  Education  to  State  School  Commissioner  (Part  iii, 
Sec.  II) ;  makes  monthly  statements  to  State  School  Commissioner 
(Part  V,  Sec.  3) ;  operates  institutes  (Part  vii,  Sec.  1) ;  examines 
applicants  for  license  to  teach  (Part  viii.  Sec.  1). 

County  School  Commissioner — Election  of  is  certified  by  secre- 
tary of  meeting  at  which  election  is  held   (Part  iii.  Sec.  4). 


Financial.  JsJA 


PART  V. 


FINANCIAL. 

School  fund  to  be  paid  directly  into  State  Treasury — Appor- 
tionment. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  f^^^  ^^^ge 
Georgia,  and  it  is  hereby  enacted  by  authority  of  the  same,  ^°- 
That  beginning  with  the  taxes  for  the  year  1895,  all  moneys 
belonging  to  the  common  school  fund  of  the  State,  including 
poll  taxes  and  specific  taxes,  shall  be  paid  direct  into  the 
State  Treasury  in  like  manner  as  other  States  taxes  are  paid, 
and  said  common  school  fund  shall  be  used  for  no  other  than 
common  school  purposes,  as  provided  by  law. 

Note. — The  amount  of  the  state  school  fund  is  dependent  upon  the 
action  of  the  legislature.     For  1912  it  is  $2,550,000. 

Sec.  2.     That  from  and  after  the  first  day  of  January,   Amended 

Acts   of 

1899,  or  as  soon  thereafter  as  practicable,  the  Treasurer  of  1894,  page 
the  State  shall  place  to  the  credit  of  each  county  in  the  State, 
on  his  books,  its  proportionate  part  of  the  common  school 
fund  in  the  treasury  on  the  first  day  of  each  month,  such 
proportionate  part  to  be  determined  by  the  State  School  Com- 
missioner, the  Comptroller-General  and  the  Treasurer,  and 
to  be  based  upon  the  proportion  which  the  school  population 
in  each  county  bears  to  the  school  population  in  the  State  as 
shown  by  the  last  school  census ;  provided,  hoivever,  that  the  j 
salaries  of  the  State  School  Commissioner  and  his  clerk  or ' 
clerks,  and  the  expenses  of  his  oflFice,  and  any  other  items 
properly  chargeable  under  the  law  to  the  general  school  fund, 
shall  be  deducted  out  of  said  fund  before  making  the  afore- 
said apportionment  to  the  counties. 

Itemized  Statements  of  claims  against  school  fund — prompt 
disbursement. 

Sec.  3.     That  the  County  School  Commissioner  of  each   Amended 

Acts  of 

county  shall,  under  the  approval  of  the  County  Board  of  Edu-    1894,  page 
cation,  transmit  to  the  State  School  Commissioner  an  itemized 


26  Compilation  o^  Common   School  Laws. 

statement  of  the  various  sums  due  and  unpaid  by  the  county 
Board  of  Education  on  said  several  dates  mentioned  in  Sec- 
tion 2,  whether  the  same  be  for  teachers'  salaries,  for  pay  of 
the  County  School  Commissioner,  or  for  any  other  item  of 
expense  properly  chargeable  under  the  law  to  the  County 
Board  of  Education,  and  when  said  itemized  statements  have 
been  approved  by  the  State  School  Commissioner  and  pre- 
sented to  the  Governor,  the  Governor  shall  issue  his  warrants 
U'pon  the  Treasurer  for  all  the  funds  standing  to  the  credit 
of  each  of  the  several  counties  upon  the  books  of  the  Treas- 
urer, or  for  such  part  thereof  as  may  be  needed  to  liquidate 
the  indebtedness  to  the  County  Board  of  Education  of  such 
county,  as  shown  by  each  itemized  statement  aforesaid.  And 
the  State  Treasurer  shall,  upon  the  presentation  of  the  war- 
rants aforesaid,  draw  his  checks  for  the  amount  of  said  war- 
rants in  favor  of  the  County  School  Commissioners  of  the 
several  counties,  and  the  State  School  Commissioner  shall 
immediately  transmit  said  checks  to  the  several  County 
School  Commissioners,  who  shall  promptly  disburse  the 
money  so  received  in  payment  of  the  sums  set  out  in  the 
itemized  statement  aforesaid;  and  if  the  money  is  not  suf- 
ficient to  pay  said  sums  in  full,  then  it  shall  be  prorated 
among  the  various  items ;  provided,  that  the  expenses  of 
administration  for  each  month  shall  first  be  paid  in  full,  and 
the  County  Boards  of  Education  are  hereby  authorized  to 
make  their  contracts  in  .  such  manner  that  the  amounts  pay- 
able to  teachers  for  services  rendered  shall  become  due  and 
payable  monthly. 

See  Part  xv,  Note  3. 

See  Part  xvii,  Note  3. 

School  year  begins  January  1st — operation  of  schools. 

Sec.  4.  That  beginning  with  January  1st,  1895,  and  con- 
tinuing thereafter,  the  school  year  shall  be  coincident  with 
the  calendar  year,  to- wit :  from  January  1st  to  December  31st 
thereafter,  and  the  State  School  Commissioner,  State  Treas- 
urer, and  Comptroller-General  shall,  on  or  before  the  first 
Tuesday  in  December  each  year,  begining  in  1894,  or  as 
soon  thereafter  as  practicable,  make  an  estimate  of  the  entire 
common  school  fund   for  the   State   for  the  next  succeeding 


Financial. 


27 


school  year,  and  shall  at  once  communicate  in  writing  to  the 
County  School  Commissioner  of  each  county  the  amount  of 
money  that  will  be  payable  to  his  county;  and  on  the  first 
Tuesday  in  January  in  each  year,  or  as  soon  thereafter  as 
practicable,  each  County  Board  of  Education  shall  meet  and 
make  the  necessary  arrangements  for  placing  the  schools  in 
operation  for  the  next  school  year,  and  shall  have  full  author- 
ity in  their  discretion  either  to  fix  salaries  for  the  payment 
of  teachers,  or  to  pay  them  according  to  the  enrollment  or 
attendance;  provided,  that  nothing  in  this  Act  shall  be  con- 
strued to  affect  the  right  of  the  respective  counties  of  the  State 
to  select  the  time  of  operating  their  schools,  which  shall  be 
left  entirely  to  the  County  Boards  of  Education,  nor  shall  it 
affect  or  change  the  time  of  operating  their  schools  under  any  fgi^,  page 
special  or  local  laws  in  any  county  in  this  State;  provided  ^^' 
further,  it  shall  not  affect  the  monthly  payment  of  teachers 
as  by  this  Act  directed. 

See  Part  xiv,  Note  13. 

See  Part  xvi,  Note  5. 

Pa5mients  to  local  school  systems. 

Sec.  5.  That  in  those  counties  having  local  school  laws 
where  the  schools  are  sustained  by  local  taxation  for  a  period 
of  five  months  or  more,  the  State  School  Commissioner  shall, 
on  the  first  day  of  each  month,  or  as  soon  thereafter  as  prac- 
ticable, notify  the  Governor  of  the  amount  of  funds  standing 
to  the  credit  of  each  of  such  counties  on  the  books  of  the 
Treasurer  on  said  dates,  and  thereupon  the  Governor  shall 
issue  his  warrants  for  said  sums  and  the  Treasurer  shall  draw 
his  checks  for  said  sums  without  requiring  the  itemized 
statements  as  provided  in  Section  33;  and  the  State  School 
Commissioner  shall  immediately  transmit  said  checks  to  the 
officer  under  the  local  school  system  authorized  to  receive  its 
funds,  and  the  State  School  Commissioner  shall,  in  like 
manner,  pay  over  to  the  proper  officer  under  the  school  board 
of  any  town  or  city  having  a  school  system  sustained  by  local 
taxation  for  a  period  of  five  months  or  more,  and  to  which 
he  is  now  authorized  by  law  to  make  direct  apportionments, 
such  proportion  of  the  entire  county  fund  as  shown  on  the 
books  of  the  Treasurer  as  the  school  population  of  the  town 


Acts  of 
1893,  page 

60. 


Amended 
Acts  of 
1894,  page 
61. 


28 


Compilation  of  Common  School  Laws. 


Amended 
Acts  of 
1894,   page 
62. 


Acts  of 
1894,   page 


Acts    of 
1887,   page 
70. 


or  city  bears  to  the  .population  of  the  county,  as  shown  by 
the  last  school  census;  provided,  that  all  children  of  school 
age  resident  in  said  county,  and  attending  the  public  schools 
of  such  town  or  city,  shall  be  counted  in  the  school  population 
of  such  town  or  city  and  be  entitled  to  have  their  share  of 
such  county  fund  paid  over  to  the  proper  officers  of  the  school 
board  of  such  town  or  city. 

(See  Eeport  State  Department  of  Education,   1902,  page   192.) 

Estimate  of  school  fund. 

Sec.  6.  That  the  school  fund  for  each  calendar  year  shall 
be  a  fixed  and  specified  sum,  and  in  order  to  carry  out  this 
provision  the  State  School  Commissioner,  the  Comptroller- 
General,  and  the  Treasurer  shall,  on  the  first  Tuesday  of 
December  of  each  year,  beginning  with  1894,  or  soon  there- 
after as  practicable,  make  an  estimate  of  what  the  school  fund 
for  the  ensuing  year  shall  be  from  the  specific  taxes,  direct 
appropriations,  and  from  any  other  sources  of  supply  which 
now  belong  to  the  school  fund  or  may  hereafter  belong  to  the 
school  fund,  and  said  fund,  when  so  estimated,  shall  be  avail- 
able and  payable  at  the  time  specified  in  this  Act;  provided, 
that  in  the  event  that  the  said  specific  taxes  shall  fall  short 
of  said  estimate,  then  the  balance  necessary  to  meet  the  pro- 
visions of  said  estimate  is  hereby  authorized  to  be  paid  from 
any  fund  in  the  treasury  not  otherwise  appropriated. 

Sec  7.  That  when  the  State  School  Commissioner,  the 
Comptroller-General  and  the  Treasurer  shall  meet  on  the  first 
Tuesday  in  December,  or  as  soon  thereafter  as  practicable, 
as  provided  in  this  Act,  to  make  the  estimate  of  the  school 
fund  provided  for  in  Section  4  of  this  Act,  they  shall  base 
said  estimate  upon  the  amount  of  school  fund  coming  into 
the  treasur}'  for  the  year  preceding  the  year  for  which  said 
estimate  is  made. 

Sources  of  school  fund. 

Sec.  8.  That  for  the  support  and  maintenance  of  the 
common  schools  of  this  State,  the  poll  tax,  special  tax  on 
shows  and  exhibitions,  all  taxes  on  the  sale  of  spirituous  and 
malt  Hquors,  dividends  upon  the  stock  of  the  State  in  the 
Bank   of  the   State   of   Georgia,   Bank  of  Augusta,   Georgia 


Financial.  29 

Railroad  and  Banking  Company,  and  such  other  means  or 
moneys  as  now  belong  by  law  to  the  Common  School  Fund, 
one-half  of  the  proceeds  of  the  rental  of  the  Western  &  At- 
lantic Railroad,  or  one-half  of  the  annual  net  earnings  of 
said  railroad  as  ascertained  by  subtracting  the  annual  cost 
of  running  and  keeping  up  the  road  from  the  annual  gross 
receipts  under  any  charge  of  policy  which  the  State  may 
adopt  hereafter  in  reference  to  said  railroad;  all  endow- 
ments, devises,  gifts  and  bequests  made,  or  hereafter  to  be 
made,  to  the  State  Board  of  Education;  the  proceeds  of  any 
commutation  tax  for  military  service;  all  taxes  which  may 
be  assessed  on  such  domestic  animals  as  from  their  nature 
and  habits  are  destructive  to  other  property;  all  money  re- 
ceived by  the  Agricultural  Department  of  this  State  for  the 
inspection  of  oils  and  fertilizers  in  excess  of  what  may  be 
necessary  to  defray  the  expenses  of  said  Agricultural  Depart- 
ment ;  money  arising  from  the  lease  of  oyster  lands ;  and  edu- 
cational fund  now  belonging  to  the  State  (except  the  endow- 
ment and  debt  due  to  the  University  of  Georgia),  and  such 
other  sums  of  money  as  the  Legislature  shall  raise  by  taxation 
or  otherwise  from  time  to  time  for  educational  purposes,  are 
hereby  declared  to  be  a  common  school  fund;  and  when  said 
common  school  fund  shall  be  received  and  receipted  for,  from 
whatever  source  received,  it  shall  be  the  duty  of  the  officer 
authorized  by  law  to  receive  such  fund  to  keep  the  same  sepa- 
rate and  distinct  from  the  other  funds,  and  said  fund  shall  be 
used  for  educational  purposes  and  none  other,  and  shall  not 
be  invested  in  bonds  of  this  State,  or  in  other  stock,  except 
when  investment  is  necessary  to  carry  out  the  conditions  of 
an  endowment,  devise,  gift,  or  bequest,  and  when  taxes  are 
paid  into  the  treasury  of  the  State  the  Comptroller-General 
shall  in  no  case  receipt  a  Tax-Collector  for  the  same  until 
that  part  of  the  tax  so  paid  in,  which  was  raised  for  school 
purposes,  is  separated  in  amount  from  the  g^oss  amounts  paid 
in. 
Relief  of  forfeiture  of  school  fund — ^unused  baleinces. 

Sec.  9.     That  whenever  a  County  Board  of  Education,  or   Acts  of 
Board  of  Education  of  any  city,  shall  hereafter  fail  in  any    79. 
year  to  make  arrangements  to  put  schools  in  operation,  said 


30  Compilation  o^  Common  School  Laws. 

county  or  city,  as  the  case  may  be,  shall  forfeit  all  right  to 
participation  in  the  school  fund  of  that  year,  unless  the  fail- 
1903,  *page      ure  to  arrange  for  schools  was  from  Providential  cause,  or 
*^*  other  good  and  sufficient  reason,  the  sufficiency  of  the  reason 

to  be  judged  of  by  the  State  Board  of  Education.  That  in 
all  cases  where  any  of  the  counties  of  this  State  have  hereto- 
fore or  may  hereafter  leave  unused  in  the  State  Treasury  any 
part  of  the  public  school  fund  to  which  they  are  entitled  under 
the  law,  such  fund  shall  be  kept  separate  and  applied  to  the 
use  and  benefit  of  the  respective  counties  entitled  to  the  same. 

Failure  to  put  schools  in  operation. 

^<Sff  °'  Sec.  10.     That  any  county  or   city,   which   has    failed    to 

79-  put   schools   m   operation   in   any  past   year,   and   has    never 

received  its  pro  rata  part  of  the  State  School  Fund  for  that 
year,  shall  still  be  entitled  to  receive  through  the  properly 
constituted  authorities  of  the  county  or  city  that  pro  rata; 
provided,  that  the  County  School  Commissioner  of  such 
county  shall  receive  no  compensation  from  the  school  fund 
of  said  county  for  such  year,  except  for  services  rendered  in 
taking  the  enumeration  of  the  school  population. 

Distribution  of  Public  School  fund. 


Acts  of 


Section  1.  In  all  cases  where  any  of  the  counties  of  this 
1903,  "page  State  have  heretofore,  or  may  hereafter  leave  unused  in  the 
State  Treasury  any  part  of  the  public  school  fund  to  which 
they  are  entitled  under  the  law,  such  fund  shall  be  kept 
separate  and  applied  to  the  use  and  benefit  of  the  respective 
counties  entitled  to  the  same. 

Sec.  2.  Such  unused  funds  may  be  used  by  the  respective 
boards  of  education  of  the  counties  entitled  to  the  same  for 
school  purposes  in  their  respective  counties,  and  may  be 
drawn  on  for  such  purpose  as  is  now  provided  by  law. 

Note. — If  any  public  officer  of  any  county  in  this'  State  shall  buy 
up  at  a  discount,  or  in  any  manner  speculate  in  what  are  known  as 
'* county  orders"  or  in  ''jury  scrip,"  or  any  other  order  or  scrip 
which  is  to  be  paid  out  of  any  public  fund  of  this  State  or  of  any 
county  in  this  State,  he  shall  be  punished  as  for  a  misdemoanor  and 
shall  be  removed  from  office.     (Code,  Vol.  Ill,  Sec.  277.) 


Financial.  31 

Additional  Funds  for  Public  Schools. 

Illegal  granting  of  diplomas  by  medical  colleges — Fino  goes  to 
State  treastiry  for  educational  funds.     (§486  Code,  Vol.  III.) 

Selling  or  offering  for  sale  rejected  illuminating  oils  or  fluids — 
Fine  goes  to  public  school  fund  of  county  in  which  prosecution  is 
made.     (§607  Code,  Vol.  HI.) 

Wrongful  use  of  branded  vessels  for  illuminating  oils  or  fluids — 
Fine  goesf  to  public  school  fund  of  county  in  which  prosecution  is 
made.     (§608  Code,  Vol.  III.) 


Cruelty  to  animals — One -half  of  fine  goes  to  public  school  fund 
of  county  in  which  prosecution  is  made.     (§704  Code,  Vol.  III.) 

Gaming  contracts — Money  recovered  after  six  months  goes  partly 
to  public  school  fund  of  county  in  which  suit  is  entered.  (§3671 
Code,  Vol.  II.) 

Property  n.ot  returned  but  assessed — Overplus  above  amount  due 
and  costs  goes  to  educational  fund,  subject  to  claim  of  true  owner 
within  four  years.      (§908  Code,  Vol.  I.) 

Proceeds  of  sale  of  estrays,  subject  to  claim  of  owner  within 
twelve  months.     (§1746  Code,  Vol  I.) 

The  net  amount  arising  from  the  hire  of  convicts  of  this  State, 
when  the  Grand  Jury  of  the  county  directs  this  fund  to  be  applied 
to  the  schools  of  the  county.  (Acts  of  1903,  page  65.) 


Acts  of 
1887,  page 
82. 


Acts  of 
1887,   page 
82. 


32  Compilation  of  Common  School  Laws. 

PART  VI. 


LONG  TERM  SCHOOLS. 


Supplemental  contracts — common  school  fund  admits 
pupils. 

Section  1.  That  whenever  the  Board  of  Education  of 
any  county  within  the  State  shall  have  entered  into  a  contract 
with  a  teacher  to  teach  a  common  school  in  any  subdistrict 
within  its  jurisdiction  in  accordance  with  this  Act,  it  shall 
be  lawful  for  said  teacher  to  enter  into  a  supplemental 
contract  with  the  patrons  of  said  school  to  teach  a  private 
elementary  school  in  connection  with  said  common  school, 
and  to  embrace  the  period  allowed  by  law  for  the  said  public 
term ;  provided,  that  the  contracting  with  teachers  under  the 
provisions  of  this  Act  shall  be  left  to  the  discretion  of  the 
several  County  Boards  of  Education. 

Sec.  2.  That  upon  said  private  supplemental  contract 
being  examined  and  approved  by  the  Board  of  Education  of 
the  county  in  which  said  school  is  located,  it  shall  be  the 
duty  of  said  teacher  to  enter,  as  pupils  in  said  private  schools, 
all  scholars  of  common  school  age  (regard  being  had  to  sepa- 
rate schools  as  now  required  by  law)  who  may  enter  said 
school  at  any  time  within  the  term  or  scholastic  year  of  said 
private  school.  It  shall  be  the  duty  of  said  teacher  to  keep 
an  accurate  account  of  the  number  of  such  pupils  and  the 
number  of  days  actually  attended  by  each  pupil,  and  when 
said  private  schools  shall  have  closed,  said  teacher  may  make 
out  an  account  against  the  County  Board  of  Education  for 
the  full  number  of  days  each  of  said  pupils  may  have  attended 
said  schools,  not  to  exceed  the  whole  number  of  days  now  or 
hereafter  to  be  prescribed  by  law;  provided,  that  nothing  in 
this  Act  shall  be  so  construed  as  to  prevent  any  common 
school  scholar  from  entering  said  school  as  pupil,  if  the 
parent  or  guardian  of  said  pupil  shall  elect  to  enter  him  or 
her  for  the  period  of  the  public  term,  and  upon  the  merits  of 
the  common  school  fund  only.  That  no  teacher  shall  be  con- 
tracted with  under  the  provisions  of  this  Act  until  he  or  she 


Long  Term  Schools.  33 

has  been  duly  licensed  as  a  common  school  teacher ;  that  every 
teacher  contracted  with  under  the  provisions  of  this  Act 
shall  be  required  to  make  the  same  reports  and  returns  to 
the  County  School  Commissioners  as  are  now  required  of 
teachers  of  common  schools  in  this  State,  and  until  said 
private  schools  have  been  taught  according  to  contract,  and 
said  reports  and  returns  are  so  made,  it  shall  not  be  lawful 
for  the  Board  of  Education  to  pay  him  or  her  for  such  serv- 
ices as  such  teacher. 


3i 


Compilation  op  Common  School  Laws. 


PART  VII. 


COUNTY  INSTITUTES. 


Acta  of 
1891,  page 
121. 


Amended 
Acts  of 
1892,   page 
85. 


Amended 
Acts  of 
1893,   page 
61. 


Subjects — held  by  County  School  Commissioners — prepared 
by  State  School  Commissioner — special  examinations. 

Section  1.  An  Act  authorizing  the  State  School  Com- 
missioner to  organize  and  establish  in  each  county  in  Georgia 
a  Teachers'  County  Institute  for  the  assembling  and  instruc- 
tion of  the  common  school  teachers  of  each  county  in  the 
State,  said  institute  to  hold  an  annual  session  of  one  week's 
duration  in  each  county  of  Georgia  in  the  period  of  June, 
July  and  August,  or  in  such  other  month  as  the  State  School 
Commissioner  may  deem  best  and  expedient;  provided,  how- 
ever, that  the  State  School  Commissioner  may,  in  his  discre- 
tion, combine  the  annual  session  of  said  institutes,  or  any 
number  of  them,  so  that  the  same  may  be  held  in  any  county 
designated  by  him;  to  prepare  a  program  of  exercises,  with 
a  syllabus  of  each  subject  named  in  said  program,  for  each 
day's  session  of  said  institute ;  to  require  County  School  Com- 
missioners to  operate  at  their  regular  per  diem,  said  institute 
sessions  under  such  general  rules  and  regulations  as  he  may 
deem  best ;  to  require  all  persons,  white  and  colored,  teaching 
in  Georgia,  or  having  licenses  entitling  them  to  teach  in  the 
State,  provided  that  those  not  teaching  have  not  permanently 
retired  from  teaching;  to  attend  all  sessions  of  said  institutes 
held  in  the  county  of  their  residence,  and  perform  all  duties 
required  of  them  as  members  of  said  institutes,  unless  provi- 
dentially prevented;  to  secure  a  prompt  attendance  of  the 
teachers  upon  the  exercises  of  said  institutes  by  causing  the 
County  School  Commossioners  and  County  Boards  of  Edu- 
cation to  collect  such  fines  from  absentees  as  may  be  deemed 
just  and  reasonable  by  said  Commissioners  and  Boards; 
provided,  that  no  teacher  shall  be  fined  till  he  or  she  has 
stated  the  cause  of  his  or  her  absence  in  writing,  to  said 
Commissioners  and  Boards,  and  they  have  duly  considered 
the  same;  provided  further,    that    all    money    thus    collected 


County  Institutes.  35 

shall  be  used  in  purchasing  teachers*  libraries  for  the  counties 
in  which  said  fines  may  be  collected;  to  provide  separate 
institutes  for  the  white  and  the  colored;  to  pay  from  the 
educational  fund  of  each  county  an  amount  not  to  exceed 
twenty-five  dollars  per  annum  for  the  purpose  of  securing 
the  services  of  an  expert  in  conducting  the  week's  session 
of  the  institute  of  said  county,  which  expert  shall  be  chosen 
by  the  County  School  Commissioner  and  the  County  Board 
of  Education,  which  expert  shall  assist  in  conducting  the 
exercises  of  each  annual  week's  session  of  said  institute  in 
the  county  where  he  is  thus  employed;  to  cause  all  sessions 
of  said  institutes  to  be  held  at  county  seats,  or  such  other 
places  as  may  be  selected  by  the  County  School  Commis- 
sioner, and  allow  all  persons  so  desiring  to  attend  the  sessions 
of  said  institutes:  provided,  that  all  visitors  shall  be  subject 
to  the  rules  and  regulations  of  said  institutes  while  attending 
the  exercises  of  the  same ;  and  to  prescribe  from  time  to  time 
such  other  rules  and  regulations  as  he  and  the  County  School 
Commissioners  may  deem  best  for  successfully  operating  said 
institute. 

Note. — In   place   of   experts,   supervisors   provided   to   have    charge 
of  the  institute  work.    See  1911  School  Laws,  page  102. 


3G  Compilation  of  CoiMmox   School  Laws. 


PART  VIII. 


EXAMINATION  OF  APPLICANTS  FOR  LICENSE  TO 

TEACH. 


54. 


Grading    of    papers — licenses — graduates    of    colleges    not 
exempt  from  examination. 

Section  1.  That  the  County  Commissioners  shall  examine 
ISs^of  *^  all  applicants  for  licenses  to  teach  in  their  respective  counties, 
plge"n's.  giving  previous  public  notice  of  the  day  upon  which  the 
examinations  are  to  take  place,  and  said  Commissioners  shall 
be  allowed  to  invite  such  persons  as  they  may  think  proper 
to  assist  in  these  examinations.  Applicants  for  license  to 
teach  in  the  common  schools  shall  be  examined  upon  orthog- 
raphy, reading,  writing,  English  grammar,  geography,  arith- 
metic, and  the  science  and  practice  of  teaching  in  common 
schools.  No  license  shall  be  granted  any  person  to  teach  in 
the  public  schools,  receiving  money  from  the  State,  after  the 
1901,  *page  first  Monday  in  January,  1903,  who  has  not  passed  a  satis- 
factory examination  in  physiology  and  hygiene  (physiology, 
which  shall  include  with  other  hygiene,  the  nature  and  effect 
of  alcoholic  drinks  with  other  narcotics  upon  the  human 
system).  Said  examinations  shall  be  held  throughout  the 
State  on  a  day  or  days  to  be  fixed  by  the  State  School  Com- 
missioner, and  on  questions  prepared  and  sent  out  by  him  to 
the  County  School  Commissioners.  The  State  School  Com- 
missioner shall  also  prepare  and  supply  the  County  School 
Commissioners  with  printed  instructions  as  to  the  grading 
of  applicants  on  and  by  a  uniform  grade  ,and  shall  fix  the 
lowest  standard  for  each  class  of  licenses. 

No  applicant  for  teacher's  license  shall  be  examined  on 
any  other  day  than  the  one  designated  as  above  described, 
except  in  cases  where  the  County  Board  of  Education  shall 
order  a  special  examination ;  no  special  examination  shall  be 
ordered  by  said  Board  except  for  good  and  sufficient  reasons 
and  to  meet  some  special  emergency.  In  such  cases  the 
questions  shall  be  prepared  by  the  County   School  Commis- 


Acts  of 


Examination  of  Applicants.  37 

sioner,  or  by  some  competent  person  under  his  authority, 
and  their  contents  shall  not  be  made  known  to  the  applicant 
or  applicants  until  the  examination  actually  commences ; 
said  examination  shall  be  conducted  under  the  same  rules  and 
regulations  as  are  provided  by  law  for  other  examinations, 
but  the  licenses  granted  shall  be  valid  only  until  the  next 
examination  ordered  by  the  State  School  Commissioner,  and 
it  shall  not  be  lawful  for  the  County  School  Commissioner 
of  any  county,  other  than  that  in  which  said  special  examina- 
tion is  held,  to  endorse  a  license  granted  thereunder.  The 
County  Board  of  Education  shall  have  power,  if  they  deem 
best,  to  employ  teachers  at  a  salary. 

Sec  2.  It  shall  be  the  duty  of  the  County  School  Com- 
missioners after  thorough  examination  of  the  papers  sub-  i^^'^'  p^^® 
mitted  by  applicants  for  licenses  as  teachers,upon  the  exami- 
nation conducted  as  prescribed  in  the  preceding  Section,  to 
grade  the  applicants  according  to  the  instructions  furnished 
them  by  the  State  School  Commissioner,  submitting  his  report 
and  recommendations  thereon  in  writing  to  the  County  Board 
of  Education,  who  shall  grant  to  the  applicants  licenses  of 
the  first,  second  or  third  grade,  to  be  determined  by  the  quali- 
fications exhibited  and  the  standard  attained ;  provided,  they 
shall  attain  at  least  the  lowest  grade-mark  fixed  by  the  State 
School  Commissioner  for  each  grade;  and  provided  further, 
that  each  applicant  submits  with  his  or  her  examination  paper 
satisfactory  evidence  in  writing  of  good  moral  character.  A 
license  of  the  first  grade  shall  continue  in  force  for  three 
years,  a  license  of  the  second  grade  for  two  years,  and  a 
license  for  the  third  grade  for  one  year,  which  said  licenses 
shall  entitle  teachers  holding  them  to  be  employed  for  and 
during  the  period  of  their  licenses  in  any  of  the  common 
schools  of  the  county  where  issued.  Licenses,  to  be  good  in 
another  county  than  the  one  in  and  for  which  they  are  issued, 
must  be  endorsed  by  the  County  School  Commissioner  of  the 
county  in  which  the  applicant  desires  to  teach. 

See   Report   of   Department    of   Education,    1903,   page   66,   rule   10 
of   Rules   of   Examination. 

All  Students  or  graduates  of  any  school,  college  or  other 
institution  of  learning,  shall  be  required  to  stand  an  exami- 


38 


Compilation  oi^  Common  School  Laws. 


Acts  of 
1899,    page 
61. 


Acts  of 
1887,  page 
76. 


nation  as  now  prescribed  by  the  general  common  school  laws 
of  this  State  before  the  County  School  Commissioner  of  each 
county  in  this  State  in  which  they  desire  to  teach,  and  get 
a  license  from  the  County  School  Commissioner  before  being 
permitted  to  teach  in  the  common  or  public  schools  of  such 
county;  provided,  that  nothing  herein  contained  shall  be  con- 
strued to  invalidate  any  license  to  teach  in  the  schools  in  this 
State  now  held  by  any  person. 

And  all  laws  and  parts  of  laws  authorizing  and  entitling 
any  student  or  graduate  of  any  school,  college  or  other  insti- 
tution of  learning,  to  teach  in  the  common  or  public  schools 
of  this  State  on  the  certificate  or  diploma  from  any  school, 
college  or  other  institution  of  learning  or  the  officers  thereof, 
be,  and  the  same  are,  hereby  repealed. 

See  Part  XVI,  Note  2. 

Permanent  License  to  teach. 

Sec.  3.  After  passing  upon  the  examination  papers  as 
hereinbefore  provided,  if,  in  the  opinion  of  the  County  School 
Commissioner,  any  one  or  more  of  them  exhibit  unusual 
merit,  he  shall  forward  such  papers  to  the  State  School  Com- 
missioner, together  with  his  certificate  of  the  good,  moral 
and  professional  character  of  the  applicant,  and  if,  in  the 
opinion  of  the  State  School  Commissioner,  said  paper  exhibit 
a  sufficient  degree  of  merit,  he  shall  issue  a  permanent 
teacher's  license  to  the  applicant,  which  license  shall  be  good 
in  any  county  of  this  State,  and  which  shall  only  be  revocable 
by  the  State  School  Commissioner  for  good  and  sufficient 
cause. 

Revoking  of  Licenses — appeal — forgery  in  License  a  felony. 

Sec.  4.  That  the  County  Commissioner  shall  have  power, 
and  it  shall  be  his  duty,  to  revoke  licenses  granted  by  him, 
or  his  predecessors,  for  incompetency,  immorality,  cruelty  to 
pupils,  or  neglect  of  his  duties,  and  the  revocation  of  the 
license  of  any  teacher  shall  terminate  the  connection  of  said 
teacher  with  any  school  which  he  may  have  been  employed 
to  teach ;  but  any  teacher  so  dismissed  shall  have  the  right 
to  appeal  to  the  County  Board  of  Education,  whose  decision 
shall  be  final. 

See  Part  xiv.  Note  7. 


Examination  of  Applicants.  39 

Whoever,  with  intent  to  defraud  the  State  or  any  county, 
town  or  city,  or  any  person,  shall  falsely  and  fraduently 
make,  forge,  alter  or  counterfeit,  or  cause  to  procure  to  be 
falsely  and  fraudulently  made,  forged,  altered  or  counter- 
feited, or  willingly  aid  or  assist  in  falsely  and  fradulently 
making,  forging,  altering  or  counterfeiting  any  certificate  or 
license  issued  by  any  County  School  Commissioner  of  this  ^g^ifo.  page 
State,  or  the  executive  officer  of  any  local  school  board  to  a  ^^' 
teacher,  shall  be  deemed  guilty  of  a  felony,  and  upon  convic- 
tion therefor,  shall  be  punished  as  prescribed  by  Section  233 
of  the  Penal  Code. 


40 


Compilation  of  Common   School  Laws. 


PART  IX. 


SCHOOL  CENSUS. 


Acts  of 
1887,   page 
81. 


Acts  of 
1887,   page 
81. 


Time  for  taking  census. 

Section  1.  That  it  shall  be  the  duty  of  the  County  and 
City  Boards  of  Education  of  this  State  to  cause  an  enumer- 
ation of  the  children  between  six  and  eighteen  years  of  age 
to  be  made  under  instructions  from  the  State  School  Com- 
missioner, in  the  year  1888,  and  every  ten  years  thereafter, 
as  hereinafter  .prescribed.  In  the  year  1893,  and  every  ten 
years  thereafter,  it  shall  be  the  duty  of  the  State  Board  -of 
Education,  in  the  early  part  of  the  year,  to  have  an  estimate 
made  from  the  last  census  taken  by  the  authorities  of  the 
United  States,  of  the  number  of  children  of  school  age  in 
each  county  of  the  State,  and  in  each  town  and  city  under 
a  local  school  law,  and  if,  from  the  evidence  thus  obtained,  or 
from  other  evidence  of  any  kind,  the  said  Board  shall  become 
satisfied  that  a  new  enumeration  of  the  school  population 
ought  to  be  taken  for  any  county  or  counties,  or  for  any  town 
or  city,  or  the  entire  State,  it  shall  be  their  duty  to  order 
the  said  enumeration  to  be  taken  accordingly. 

Enumerators:    Duties,  compensation,  oath — County  School 
Commissioner  as  enumerator. 

Sec.  2.  The  different  County  or  City  Boards  shall  employ 
one  or  more  competent,  reliable  persons  to  take  the  enumer- 
ation above  mentioned,  in  their  respective  jurisdictions,  and 
the  persons  so  employed  shall  go  from  house  to  house,  making 
a  thorough  canvass  of  the  territory  assigned  them,  taking  the 
number  of  children  between  the  ages  of  six  and  eighteen 
years,  and  distinguishing  between  the  sexes  and  races.  The 
persons  thus  employed  shall  be  known  as  enuemrators  of  the 
school  census,  and  shall  take  and  report  any  additional  sta- 
tistics required  by  the  State  School  Commissioner.  They 
shall  receive  as  compensator  a  per  diem  not  to  exceed  two 
dollars  in  the  counties,  or  two  dollars  in  the  cities,  or  in  the 


School  Census.  '  ^1 

city  and  county  where  the  same  are  under  local  laws,  to  be 
paid  out  of  the  school  fund  of  the  jurisdiction  in  which  the 
work  is  done.  They  shall  moreover,  be  required  to  make 
oath  that  the  work  done  by  them  has  been  carefully  and 
faithfully  done  according  to  the  true  intent  and  meaning  of 
this  Act,  the  form  of  oath  to  be  prescribed  by  the  State  School 
Commissioner;  provided,  that  nothing  herein  contained  shall 
be  construed  to  prevent  the  County  Boards  from  employing 
the  County  School  Commissioners  to  do  the  work  contem- 
plated in  this  Section. 

New  enumeration.  • 

Sec.  3.     The  State  Board    of    Education    is    hereby    em- 
powered to  order  at  once  a  new  enumeration  when  they  are  in 

-Acts   of 

doubt  as  to  the  accuracy  of  the  return  made  from  any  county  isst,  ^age 
or  city;  but  the  enumeratiors  first  making  their  return  shall 
receive  no  compensation  in  case  it  is  found  their  enumeration 
was  not  correct.  In  case  their  enumeration  is  verified  by  the 
second  enumeration,  then  both  shall  be  paid,  but  the  amount 
paid  them  shall  be  deducted  from  the  school  fund  appropria- 
ted to  this  speical  territory. 

Fixing  compensation  of  enumerators. 

Sec.  4.     The  respective  County  or  City  Boards  are  hereby 
empowered   to   fix,    within   the   limits   prescribed   above,   the    fg^g^^  °^ 
per  diem  compensation  of  the  enumerators  of  the  school  census    ^^' 
employed  by  them. 

Note. — Clauses    and    special    laws    authorizing    annual    school    cen- 
sus are  in  conflict  with  this  general  law. 


page 


42  Compilation  of  Common   School  Laws. 


PART  X. 


MISCELLANEOUS. 


County  line  schools. 

Section  1.     That  admission  to  all  common  schools  of  this 
Acts  of  State  be  gratuitous  to  all  children  between  the  ages  of  six 

33.  '  ^^^®  and  eighteen  years  residing  in  the  subdistricts  in  which  the 
schools  are  located;  provided,  that  colored  and  white  children 
shall  not  attend  the  same  school ;  and  no  teacher  receiving  or 
teaching  white  and  colored  pupils  in  the  same  school  shall  be 
allowed  any  compensation  at  all  out  of  the  common  school 
fund.  In  special  cases,  to  meet  the  obvious  demand  of  con- 
venience, children  residing  in  one  subdistrict  may,  by  express 
permission  of  the  County  Board,  attend  the  common  school 
of  another  subdistrict  and  when  a  common  school  is  located 
near  a  county  line,  children  from  an  adjoining  county  shall 
be  permitted  to  attend  the  school;  provided,  such  children 
reside  nearer  such  school  or  said  school  is  more  accessible 
to  the  residences  of  such  children  than  any  public  school  in 
the  county  of  their  residence.  And  in  such  cases,  the  teacher 
shall  make  out  two  accounts  for  his  services,  one  against  each 
County  Board,  in  amount  proportional  to  the  number  of 
children  in  the  school  from  the  respective  counties. 

Note. — ^A  small  incidental  fee  is  a  reasonable  charge  against  all 
pupils  who  are  able  to  pay  the  same.  This  fee  should  be  applied 
only  to  current  incidental  expenses;  keeping  the  house  in  order, 
providing  crayon,  fuel,  etc.  In  a  few  schools  of  this  State  whose 
patrons  are  indifferent  the  teachers  have  had  to  meet  the  current 
incidental  expenses.  Every  good  school  building  should  be  under 
the  constant  care  of  a  janitor,  and  patrons  should  make  due  provi- 
sion for  the  equipment  and  care  of  the  school  buUding. 

Note  2. — Teachers  of  county  line  schools  should  report  to  each 
county  the  number  of  pupils  and  the  amount  of  salary  received  from 
the  other  county.  County  Boards  through  the  County  School  Com- 
missioner of  each  county  should  pay  salaries  of  teachers  according 
to  contract  direct  to  teachers  of  county  line  schools. 


Miscellaneous.  43 

Manual  Labor  Schools. 

Sec.  2.     That  the  County  Board  of  Education  shall  have 

Acts  of 

power  to  organize  in  each  county  one  or  more  manual  labor    isst,  page 
schools  on  such  a  plan  as  shall  be  self-sustaining;  provided, 
that  the  plan  be  first  submitted  to  and  approved  by  the  State 
Board  of  Education. 

Evening  schools. 

Sec.  3.     That  the  Board  of  Education  of  any  county  shall    Acts  of 

1887,   page 

have  the  power  to  establish,  at  such  places  as  they  may  deem  78. 
proper,  within  the  limits  of  their  jurisdiction,  a  suitable 
number  of  evening  schools  for  the  instruction  of  such  youths 
over  twelve  years  of  age  as  are  prevented  by  their  daily  avoca- 
tions from  attending  day  schools,  subject  to  such  regulations, 
not  inconsistent  with  the  provisions  of  this  Act  and  the  in- 
structions issued  under  it  by  the  State  School  Commissioner, 
as  said  Board,  from  time  to  time,  may  adopt  for  the  govern- 
ment thereof. 

Exemption  of  school  property  from  taxation. 

Sec.  4.     That  each  and  every  lot  or  parcel  of  land  which    Acts  of 

■^  ^  .        1887,    page 

has  been  or  may  be  hereafter  obtained  by  purchase,  or  in  78. 
any  other  way,  by  any  County  Board  of  Education  for  the 
use  of  common  schools,  together  with  any  school  building  that 
may  have  been  or  shall  be  erected  thereon,  and  all  school 
furniture  shall  be  exempt  from  all  taxes.  State  and  county, 
and  from  levy  and  sale  under  any  execution  or  other  writ  of 
order  in  the  nature  of  an  execution;  provided,  that  the  lot 
of  land  so  exempted  shall  not  exceed  four  acres,  and  if  there 
be  any  excess  over  that  number  of  acres,  then  that  portion 
not  to  exceed  four  acres,  most  convenient  for  school  purposes, 
shall  be  exempt  as  aforesaid,  the  exempted  portion  to  be  set 
off  by  order  of  the  County  Board. 

Scholastic  month  defined. 


Sec.   5.     That  from  and  after  the  passage  of  this  Act, 


Acts  of 


twenty  school   days  shall    constitute    and    be    deemed    and    i^^e,  page 

82. 

treated  as  a  scholastic  month  in  all  the  public  schools  of  this 
State. 


44 


Compilation  of  Common   School  Laws. 


Acts  of 
1887,    page 
83. 


Acts  of 
1890-91, 
page    219. 


Acts  of 
1901,   page 
54. 


Local  school  systems. 

Sec.  6.  That  nothing  in  this  Act  shall  be  so  construed 
as  to  prevent  any  city  with  a  population  greater  than  two 
thousand  inhabitants,  or  any  county  or  town  under  authority 
of  the  General  Assembly  of  this  State,  from  organizing  a 
public  school  system  independent  of  this  system,  or  to  prevent 
the  said  independent  organization  from  drawing  its  pro  rata 
share  of  all  educational  funds  raised  by  the  State;  provided, 
the  chief  executive  officer  of  such  independent  organization 
shall  make  the  same  regular  reports  to  the  State  School  Com- 
missioner as  are  required  from  the  County  Commissioners  by 
this  Act;  provided  further,  that  nothing  contained  in  this  Act 
shall  be  construed  to  annul  or  repeal  any  local  law  now  of 
force  in  any  city  of  county  in  this  State  providing  for  the  or- 
ganization and  maintenance  of  the  common  or  public  schools 
in  such  city  or  county. 

Arbor  Day. 

Sec.  7.  The  first  Friday  in  December  in  each  year  shall 
be  set  apart  and  consecrated  as  a  day  for  tree-planting,  and 
shall  be  known  throughout  the  State  as  ''Arbor  Day,''  that  it 
shall  be  the  duty  of  the  State  School  Commissioner  to  take 
the  matter  of  the  observance  of  ''Arbor  Day,"  by  the  public, 
under  his  general  supervision,  and  through  the  County  School 
Commissioners  to  *  cause  the  public  schools  of  the  State  to 
observe  "Arbor  Day,"  as  the  superintendents  and  teachers 
may  think  best,  in  order  to  show  the  pupils  the  value  and 
beauty  of  forestry  by  practical  tree-planting  on  school,  church, 
and  other  public  lots,  lawns,  as  well  as  on  public  highways. 

Physiology  and  Hygiene  to  be  taught  in  public  schools. 

Sec.  8.  The  nature  of  alcoholic  drinks  and  narcotics,  and 
special  instruction  as  to  their  effects  upon  the  human  system 
in  connection  with  the  several  divisions  of  the  subject  of 
physiology  and  hygiene,  shall  be  included  in  the  branches  of 
study  taught  in  common  or  public  schools  in  the  State  of 
Georgia,  and  shall  be  studied  and  taught  as  thoroughly  and 
in  the  same  manner  as  other  like  required  branches  are  in 
said  schools. 


Miscellaneous.  45 

Sec.  9.  It  shall  be  the  duty  of  county  and  city  superin- 
tendents of  schools  receiving  aid  from  the  State  to  report  to 
the  State  School  Commissioner  any  failures  or  neglect  on  the 
part  of  the  Boards  of  Education  to  make  provision  for  in- 
struction of  all  pupils  in  any  or  all  the  schools  under  their 
jurisdiction,  in  physiology  and  hygiene  (physiolog)-,  which 
shall  include  with  other  hygiene  the  nature  and  eflFects  of 
alcoholic  drinks  and  other  narcotics  upon  the  human  system), 
and  the  Board  of  Education  of  each  county  of  this  State  shall 
adopt  proper  rules  to  carry  the  provisions  of  this  law  into 
eflfect. 

Agriculture  and  Civil  Government  to  be  taught  in  the  com- 
mon schools. 

Sec.    11-     The   elementarv   principles   of   as^riculture   and    Acts  of 

'      ^  .  .'  1903,    page 

the  elements  of  civil  government  be  mcluded  m  the  branches    64. 
of  study  taught  in  the  common  or  public  schools  in  the  State 
of  Georgia,  and   shall  be  studied   and  taught  as  thoroughly 
and  in  the  same  manner  as  other  like  required  branches  are 
studied  in  said  schools. 

Sec.  12.  It  shall  be  the  duty  of  the  county  commissioners 
of  all  schools  receiving  aid  from  the  State  to  report  to  the 
State  School  Commissioner  any  failures  or  neglect  on  the 
part  of  their  respective  boards  of  education  to  make  pro- 
visions for  instruction  of  all  pupils  in  any  and  all  of  the 
schools  under  their  jurisdiction  in  said  branches,  and  the 
board  of  education  of  each  county  of  this  State  shall  adopt 
proper  rules  to  carry  the  provisions  of  this  law  into  effect. 

See  Part  XVI,  Note  7. 

Georgia  Day. 

The  twelfth  dav  of  Februarv  in  each  vear  shall  be  observed    Acts  of 

1909,   page 

m  the  public  schools  of  this  State,  under  the  name  of  "Geor-  i9o. 
gia  Day,"  as  the  anniversary  of  the  landing  of  the  first 
colonists  in  Georgia .  under  Oglethorpe;  and  it  shall  be  the 
duty  of  the  State  School  Commissioner,  annually  to  cause 
the  teachers  of  the  schools  under  their  supervision  to  conduct 
on  that  day  exercises  in  which  the  pupils  shall  take  part, 
consisting  of  written  compositions,  readings,   recitations,  ad- 


46  Compilation  of  Common  School  Laws. 

dresses,  or  other  exercises,  relating  to  this  State  and  its  his- 
tory to  the  lives  of  distinguished  Georgians.  When  said 
day  falls  on  Sunday,  it  shall  be  observed  on  the  following 
Monday. 

Law  for  Binding  out  Children. 

Acts  of  Sec.  13.     That  all  minors  may,  by  whichever  parent  has 

68.  '  ^^^®      the  legal  control  of  them,  be  bound  out  as  apprentices  to  any 

respectable  person,  until  they  attain  the  age  of  twenty-one,  or 

for  a  shorter  period. 

Schools  in  new  counties — Special  Provisions. 


Acts  of 


Sec.  14.  The  grand  jury  in  each  new  county  shall  at  the 
1905,  ~page  first  session  elect  a  county  board  of  education,  as  now  pro- 
vided by  law,  and  that  said  county  board  of  education  shall 
immediately  organize,  and  the  said  county  board  of  educa- 
tion is  hereby  vested  with  all  the  powers  and  rights  that  are 
given  by  law  to  the  county  board  of  education  in  existing 
counties:  that  until  the  organization  of  the  county  board  of 
education,  the  school  in  such  new  county  shall  remain  under 
the  control  of  the  boards  of  education  of  the  counties  from 
which  the  territory  to  form  said  new  county  was  taken,  but 
immediately  upon  the  organization  of  the  county  board  of 
education  in  said  new  county  such  control  shall  cease  and  pass 
to  the  board  of  education  of  the  new  county,  which  shall  be 
entitled  to  manage  and  control  the  schools  within  the  new 
county  as  now  .provided  by  law. 

Provided,  That  in  every  instance  when  a  new  county  has 
been  or  hereafter  may  be  created  out  of  the  territory  of  any 
one  or  more  of  the  counties  organized  prior  to  December  1, 
1903,  and  such  old  counties  shall  at  the  time  of  the  ap- 
proval of  this  Act  have  on  hand  either  in  the  Treasury  of 
this  State  or  elsewhere  any  funds  subject  to  the  provisions 
of  the  Act  hereby  amended,  then  such  funds  shall  be  equit- 
ably apportioned  between  such  new  .county  and  the  old 
counties  whose  territory  went  to  the  formation  of  the  new 
county  ,the  basis  of  apportionment  between  the  new  county 
and  the  old  counties  affected  to  be  the  school  population  of 
said  counties  as  the  same  may  appear  from  the  record  in  the 


Miscellaneous.  47 

office  of  the  State  School  Commissioner,  or  as  may  be  agreed 
upon  by  the  authorities  of  counties  affected. 

Sec.  2.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  it  is  hereby  made  the  duty  of  said  State  School  Com- 
missioner to  apportion  said  funds  and  to  cause  the  same  to 
be  paid  over  upon  lawful  demand  to  the  respective  counties 
entitled  thereto. 

Sec.  3.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be, 
and  the  same  are,  hereby  repealed. 

Isolation  and  Quarantine  in  infectious  diseases    (Extracts 
from  Rules  and  Regulations  of  State  Board  of  Health). 

Section  18.  No  parent  or  householder  shall  permit  infected  per- 
sons (or  persons  exposed  to  infection),  clothing,  bedding,  furniture, 
school-books,  library-books,  or  other  articles  likely  to  convey  infec- 
tion to  be  removed  from  the  house  until  properly  disinfected,  under 
the  supervision  of  the  local  board  of  health  or  its  proper  officer,  or 
where  no  board  exists,  by  the  attending  physician,  in  the  manner 
reconmiended  by  the  State  Board  of  Health. 

Section  19.  The  isolation  of  patients  and  duration  of  quarantine 
in  infections  diseases"  shall  be  as  foUows: 

Diphtheria OE  Membranous  Croup:  For  the  Patient:  Isolation 
for  twenty-one  (21)  days  from  persons  and  domestic  animals,  and 
disinfection  of  premises.  For  persons  associated  with  or  in  the 
house  with  the  patient:  Adults:  Quarantine  until  after  death  or  re- 
covery of  the  patient  and  disinfection  of  premises.  Children  t 
Quarantine  for  seven  (7)  days  after  disinfection  of  premises.  Do- 
mestic pets,  particularly  cats,  are  frequent  carriers  of  this  infection. 
That  the  use  of  antitoxine  lessens'  the  mortality,  but  does  not  at- 
tentuate  the  virus,  so  that  the  same  length  of  quarantine  should  be 
enforced  whether  antitoxins  are  or  are  not  used. 

Scarlet  Fever  (Scarletina,  Scarlet  Eash,  Eoseola) :  Isolation  of 
patient  and  quarantine  of  children  associated  with,  or  in  the  house 
with  the  patient,  for  ten  (10)  days  after  complete  desquamation  or 
scaling  of  patient  and  disinfection  of  premises. 

Smallpox:  For  the  patient:  Isolation  until  after  aU  crusts  or 
scales  have  fallen  off,  and  the  disinfection  of  patient's  body  and  the 
premises.  For  exposed  persons:  Quarantine  for  sixteen  (16)  days 
from  date  of  last  exposure. 

Cholera:  For  the  patient:  Isolation  until  after  complete  recov- 
ery and  disinfection  of  the  premises.  For  exposed  persons:  Quaran- 
tine for  five  days  (5)  days  from  date  of  last  exposure. 


48  Compilation  o^  Common  School  Laws. 

Yellow  Fever:  Isolation  in  screened  room  (protected  fire-place) 
until  after  complete  recovery  and  disinfection  of  premises. 

Typhus  Fever:  For  the  patient:  Isolation  until  after  complete 
recovery  and  disinfection  of  the  premises.  For  exposed  persons: 
Quarantine  for  twenty-one  (21)  days  from  date  of  last  exposure. 

Days  to  be  observed  by  appropriate  exercises. 

January   1 — New  Year's   Day. 

January  19 — Lee's  Birthday. 

February  12 — Georgia  Day. 

February  22 — Washington's  Birthday. 

April  26 — ^Memorial  Day. 

June  3 — Davis'  Birthday. 

July  4 — Independence  Day. 

September,  First  Monday — Labor  Day. 

November,  Last  Thursday — Thanksgiving  Day. 

December,  First  Friday — ^Arbor  Day. 

December  25 — Christmas  Day. 


Uniform^  Text  Book  Law.  49 


PART  XL 


UNIFORM  TEXT-BOOK  LAW. 


SchcK)l-Book  Commission. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Acts  o^^^^ 
the  State  of  Georgia,  and  it  is  hereby  enacted  by  authority  of  ^^• 
the  same,  That  the  State  Board  of  Education,  consisting  of 
the  Governor,  Secretary  of  State,  Comptroller- General,  x\ttor- 
ney  General  and  State  School  Commissioner,  be,  and  are,  here- 
by made  the  School-book  Commission  of  the  State  of  Georgia. 
The  members  of  the  said  School-book  Commission  shall  serve 
without  compensation;  the  Governor  shall  be  President  and 
the  State  School  Commissioner  shall  be  the  executive  of- 
ficer of  said  School-book  Commission.  Before  transacting 
any  business  relating  to  the  duties  of  this  Commission,  they 
shall  each  take  an  oath  before  some  person  authorized  to  ad-' 
minister  same,  to  faithfully  discharge  all  the  duties  imposed 
upon  them  as  members  of  the  said  School-book  Commission, 
and  that  they  have  no  interest,  direct  or  indirect,  in  any  con- 
tract that  may  be  made  under  this  Act,  and  will  receive  no  per- 
sonal benefit  therefrom. 

Uniform  series  of  text-books. 

Sec.  2.  Be  it  also  enacted  by  the  authority  aforesaid.  That 
from  and  after  the  first  day  of  January,  1904,  or  such  date 
thereafter,  not  more  than  sixty  days,  as  shall  be  deemed  neces- 
sary and  practicable  by  the  School-book  Commission  to  allow 
to  the  contractors  to  furnish  to  the  schools  of  the  State  the 
books  included  in  the  contracts  made  by  such  Commission  with 
such  contractors,  a  uniform  series  of  text-books,  shall  be  used 
in  all  the  common  schools  of  this  State,  to  be  adopted  in  the 
manner  and  for  the  time  hereinafter  provided,  which  uniform 
series  of  books  shall  be  in  use  in  all  the  common  schools  of 
this  State,  and  shall  include  the  following  elements  of  an  En- 
glish education  only,  to  wit:  Orthography,  reading,  writing, 
arithmetic,    geography,    English    language    lessons,    English 


50  Compilation  oip  Common  School  Laws. 

grammar,  history  of  Georgia,  containing  the  Constitution  of 
the  State  of  Georgia,  history  of  the  United  States,  containing 
the  Constitution  of  the  United  States,  physiology  and  hygiene, 
the  elementary  principles  of  agriculture  and  civil  government, 
and  such  other  branches  of  study  in  addition  to  the  above-men- 
tioned as  may  be  from  time  to  time  .provided  for  by  statute, 
and  not  conflicting  with  the  Constitution  of  this  State,  pro- 
vided,  that  none  of  said  text-books  so  adopted  shall  contain 
any  thing  of  a  partisan  or  sectarian  character;  and  provided, 
that  no  county,  city  or  town  that  levies  a  local  tax  for  the  pur- 
pose of  maintaining  a  system  of  graded  schools  which  local 
tax,  together  with  the'  State  fund,  is  sufficient  to  maintain 
said  system  of  graded  schools,  for  as  long  a  period  as  eight 
months  in  each  year,  shall  be  included  in  the  provisions  of 
this  Act:  but  if  the  duly  constituted  authorities  in  charge  of 
any  local  system  in  this  State  should  desire  to  use  any  of  the 
books  selected  by  said  School-book  Commission,  the  said  local 
system  shall  have  the  privilege  of  buying  said  books  at  the 
same  price  and  on  the  same  terms  at  which  they  are  furnished 
to  the  common  schools  of  the  State. 

Sub-commission. 

Sec.  3.  Be  it  further  enacted  by  the  authority  aforesaid,. 
That  it  shall  be  the  duty  of  the  said  School-book  Commission 
to  el^ct  a  sub-commission  of  five,  to  be  selected  from  among 
the  teachers  of  the  State  who  are  actively  engaged  in  school 
work,  either  as  normal  school  teachers,  common  school  teach- 
ers, graded  school  teachers,  county  school  commissioners  or 
city  superintendents,  provided,  that  no  more  than  one  of  the 
members  of  said  sub-commission  shall  be  taken  from  one 
congressional  district.  Sample  copies  of  all  books  sent  to  the 
said  School-book  Commission  as  specimen  copies  upon  which 
bids  are  to  be  based  shall  be  referred  to  the  sub-commission 
for  examination,  and  said  sub-commission  shall  examine  and 
report  upon  the  merits  and  demerits  of  the  books  irrespective 
of  prices,  taking  into  consideration  the  subject-matter  of  the 
books,  their  printing,  their  material  and  mechanical  quali- 
ties and  their  general  suitability  and  desirability  for  the  pur- 
pose for  which  they  are  desired  and  intended.    It  shall  further 


Uniform  Text  Book  Law.  51 

be  the  duty  of  each  member  of  said  sub-commission  to  make 
an  individual  report  to  the  said  School-book  Commission  at 
such  time  as  said  Commission  shall  direct,  arranging  each 
book  in  its  class,  and  reporting  them  in  the  order  of  their 
merit,  pointing  out  the  merits  and  demerits  of  each  book, 
and  indicating  what  books  he  recommends  for  adoption  first, 
what  book  is  his  second  choice,  and  what  his  third  choice, 
and  so  on,  pursuing  this  plan  with  the  books  submitted  upon 
each  branch  of  study ;  and  if  any  member  of  said  sub-commis- 
sion shall  consider  different  books  upon  the  same  subject  or 
of  the  same  class  or  division  of  approximately  equal  merit,  all 
things  being  considered,  he  shall  so  report,  and  if  he  thinks 
that  any  of  the  books  offered  are  of  such  character  as  to  make 
them  inferior  and  not  worthy  of  adoption,  he  shall,  in  his 
report,  designate  such  books,  and  in  said  report  each  member 
of  said  sub-commission  shall  make  such  recommendation  and 
suggestions  to  the  said  School-book  Commission  as  he  shall 
deem  advisable  and  proper  to  make.  Said  individual  reports 
of  the  different  members  of  the  sub-commission  shall  be  kept 
secret  and  sealed  and  shall  be  delivered  to  the  Secretary  of 
State,  and  said  report  shall  not  be  opened  until  the  said  School- 
book  Commission  shall  meet  in  executive  session  to  open  and 
consider  the  bids  or  proposals  of  publishers  and  others  desir- 
ing to  have  books  adopted  by  said  commission.  Each  mem- 
ber of  said  sub-commission,  before  entering  upon  the  duties 
of  said  sub-commission,  shall  take  and  prescribe  an  oath  to 
act  honestly,  conscientiously  and  faithfully,  and  that  he  is 
not  directly  or  indirectly  in  any  manner  interested  in  any 
of  the  proposed  contracts,  nor  in  any  book  or  publishing  con- 
cern of  any  kind  or  character,  and  that  he  will  examine  all 
books  submitted  carefully  and  faithfully,  and  make  true 
reports  thereon,  as  herein  directed  and  prescribed;  said  oath 
shall  be  filed  in  the  office  of  the  Secretary  of  State.  Said 
School-book  Commission  shall  hear  and  consider  said  reports 
of  the  members  of  the  sub-commission  in  its  selection  and 
adoption  of  the  uniform  series  of  text-books,  and  shall  also 
themselves  consider  the  merits  of  the  books,  taking  into  con- 
sideration the  subject-matter,  the  printing,  binding  and  ma- 
terial  and   mechanical   qualities   and  their   general   suitability 


52  Compilation  of  Common  School  Laws. 

and  desirability  for  the  .purposes  intended,  and  the  price  of 
said  books;  and  they  shall  give  due  consideration  and  great 
weight  to  the  reports  and  recommendations  of  the  sub-com- 
mission; provided,  that  no  text-book,  the  subject-matter  of 
which  is  of  inferior  quality,  shall  be  adopted  by  the  said 
School-book  Commission.  Said  School-book  Commission 
shall  select  and  adopt  such  books  as  will,  in  their  best  judg- 
ment, accomplish  the  ends  desired.  When  the  said  School- 
book  Commission  shall  have  finished  with  the  reports  of  said 
sub-commission,  the  individual  reports  of  the  members  of 
said  sub-commission  shall  be  filed  and  preserved  in  the  office 
of  the  State  School  Commissioner,  and  shall  be  open  at  all 
times  for  public  inspection. 

Bids. 

Sec.  4.     Be  it  further  enacted,  That  the  said  School-book 
Commission   shall  meet  in  the   office  of  the   State   Commis- 
sioner not   later   than    September   1,   19Q3,   and   advertise   in 
such  manner  and  form  as  they  may  deem  best,  that,  at  a  time 
to  be  fixed  by  said  commission  to  be  named  in  the  adver- 
tisement, and  not  to  be  later  than  November   1,   1903,   said 
School-book  Commission  will  receive  at  the  office  of  the  State 
School  Commissioner,  in  the  city  of  Atlanta,  sealed  bids  or 
proposals   from   the  publishers   of   school-books   for   furnish- 
ing books  to  the  public  common  schools  of  the  State  of  Geor- 
gia through   agencies   established   by   said   publishers   in   the 
several  counties  and  places  in  counties  in  the  State,  as  may 
be  provided  for  in  such  regulations  as  said  School-book  Com- 
mission may  adopt  and  prescribe.   The  bids  or  proposals  shall 
be   for   furnishing  the  books   specified  for  a  period  of   five 
years,  and  no  longer.    Said  bids  or  proposals  shall  state  specif- 
ically and  clearly  the  retail  price  at  which  each  book  will  be 
furnished,  and  also  the  exchange  price  for  the  introduction  of 
such  books.     Each  bid  or  proposal  shall  be  accompanied  by 
specimen   copies   of   each   and   all   books  to  be   furnished   in 
said  bid ;  and  it  shall  be  required  that  each  bidder  shall  depos- 
it with  the  Treasurer  of  the  State  of  Georgia  a  sum  of  money 
such   as   the   said    School-book   Commission   may   require,   of 
not  less  than  five-hundred  dollars,  and  not  more  than  twenty- 


Uniform  Text  Book  Law.  53 

five  hundred  dollars,  according  to  the  number  of  books  each 
bidder  may  -propose  to  supply,  and  such  deposit  shall  be  for- 
feited absolutely  to  the  State  if  the  bidder  shall  fail  or  refuse 
to  make  and  execute  such  contract  or  bond  as  is  hereinafter 
required  within  such  time  as  the  said  School-book  Commission 
may  require,  which  time  shall  not  be  later  than  January  1, 
1904,  and  shall  also  be  stated  in  said  advertisement.  All  bids 
shall  be  sealed  and  deposited  with  the  Secretary  of  State,  to 
be  by  him  delivered  to  the  said  School-book  Commission, 
when  they  are  in  executive  session  for  the  purpose  of  con- 
sidering the  same,  when  they  shall  be  opened  in  the  presence 
of  said  School-book  Commission ;  provided,  that  the  School- 
book  Commission  shall  have  authority,  upon  the  acceptance 
of  any  bid  and  the  execution  of  any  contract  to  furnish 
school-books  under  the  provisions  of  this  Act,  to  allow  such 
time,  after  January  1,  1904,  as  may  be  deemed  by  said  Com- 
mission reasonable  and  necessary  (not  more  than  sixty  days), 
to  the  contractor  making  such  bid  or  contract,  within  which 
to  furnish  to  all  the  schools  of  this  State  coming  under  the 
provisions  of  this  Act,  with  all  the  books  contracted  to  be 
furnished. 

Adoption — contracts — forfeitures  and  recoveries  on  Bonds. 

Sec.  5.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  it  shall  be  the  duty  of  said  School-book  Commission  to 
meet  at  the  time  and  place  noted  in  said  advertisement  and 
take  out  the  specimen  copies  submitted  and  upon  which  bids 
are  based,  and  refer  and  submit  them  to  the  sub-commission 
as  provided  for  and  directed  in  Section  3  of  this  Act,  with 
instruction  to  the  said  sub-commission  to  report  to  them  at  a 
Decified  time  with  their  reports,  classifications  and  recom- 
mendations as  provided  in  Section  3.  When  the  said  reports 
are  submitted  it  shall  be  the  duty  of  the  said  School-book 
Commission  to  open  and  examine  all  sealed  proposals  sub- 
mitted and  received  in  pursuance  of  the  notice  provided  in 
Section  4  of  this  Act.  It  shall  then  be  the  duty  of  said  School- 
book  Commission  to  examine  and  consider  carefully  all  such 
bids  or  proposals,  together  with  the  reports  and  recom- 
mendations of  the  members  of  the  sub-commission,  and  deter- 


54  Compilation  of  Common  School  Laws. 

mine,  in  the  manner  provided  in  Section  3  of  this  Act,  what 
book  or  books  upon  the  branches  herein  above  mentioned,  or 
that  hereafter  may  be  added  by  said  School-book  Commission, 
or  may  be  hereinafter  provided  for  in  this  Act,  shall  be  se- 
lected and  adopted,  taking  into  consideration  the  size,  qual- 
ity as  to  subject-matter,  material,  printing,  binding,  and  the 
mechanical   execution   and   price  and  the  general   suitability 
for  the  purposes  desired  and  intended.    And  after  such  adop- 
tion shall  have  been  made,  the  said  School-book  Commission 
shall,  by  registered  mail,  notify  the  publishers  or  proposers  to 
whom  contracts  have  been  awarded,  and  it  shall  then  be  the 
duty  of  the  Attorney-General  of  the  State  to  prepare  the  said 
contract  or  contracts  in  accordance  with  the  terms  and  pro- 
visions of  this  Act,  and  the  said  contract  shall  be  executed 
by  the  Governor  and  attested  by  the  Secretary  of  State  with 
the  seal  of  the  State  attached  upon  the  part  oi  the  State  of 
Georgia,  and  the  said  contract  shall  be  executed  in  triplicate, 
one  copy  to  be  kept  by  the  contractor,  one  copy  by  the  School- 
book  Commission,  and  copied  in  full  upon  the  minute-book 
of  the  commission,  and  one  copy  to  be  filed  in  the  office  of 
the  Secretary  of  State.     At  the  time  of  the  execution  of  the 
contract  aforesaid,  the  contractor  shall  enter  into  a  bond  in 
the  full  sum  of  not  less  than  one  thousand  dollars  nor  more 
than  twenty  thousand  dollars,  payable  to  the  State  of  Georgia, 
the  amount  of  said  bond  within  said  limits  to  be  fixed  by  said 
School-book  Commission,  conditioned  upon  the  faithful,  hon- 
est and  exact  performance  of  said  contracts,  and  shall  further 
provide  for  the  payment  of  reasonable  attorney's  fees  in  case 
of  recovery  on  any  suit  upoA  the  same,  with  three  or  more 
good   and   solvent   sureties,   actual   citizens   and   residents   of 
the  State  of  Georgia,  or  any  guarantee  company  authorized 
to  do  business  in  the  State  of  Georgia  may  become  the  surety 
on  the  said  bond;  and  it  shall  be  the  duty  of  the  Attorney- 
General  to  prepare  and  approve  said  bond;  provided,  how- 
ever, that  said  bond  shall  not  be  executed  in  a  single  recov- 
ery, but  may  be  sued  upon  from  time  to  time,  until  the  full 
amount  thereof  shall  be  recovered;  and  the  said  School-book 
Commission,  may,  at  any  time,  by  giving  thirty  days'  notice, 
require    additional    security    or    additional    bond    within    the 


Uniform  Text  Book  Law.  55 

limits  .prescribed.  And  when  any  persons,  firm  or  corporation 
shall  have  been  awarded  a  contract  and  submitted  therewith 
the  bond  as  required  hereunder,  the  said  School-book  Com- 
mission through  its  secretary,  shall  so  inform  the  Treasurer 
•of  the  State,  and  it  shall  then  be  the  duty  of  the  Treasurer 
of  the  State  to  return  to  such  contractor  the  cash  deposit 
made  by  him;  and  the  said  School-book  Commission,  through 
its  secretary,  shall  inform  the  Treasurer  of  the  State  of  the 
names  of  the  unsuccessful  bidders  or  proposers,  and  the 
Treasurer  of  the  State  shall,  upon  receipt  of  this  notice,  return 
to  the  unsuccessful  bidders  or  proposers  the  amount  deposited 
in  cash  by  the  unsuccessful  bidders  or  proposers  at  the  time  of 
the  submission  of  their  bids.  But  should  any  person  or  persons, 
firm,  company  or  corporation  fail  or  refuse  to  execute  the 
contract  and  submit  therewith  his  bond  as  required  by  this 
Act  within  thirty  days  of  the  awarding  of  the  contract  to  him 
and  the  mailing  of  the  registered  letter  containing  the  notice 
(and  it  is  hereby  provided  that  the  mailing  of  the  registered 
letter  shall  be  sufficient  evidence  that  the  notice  was  given 
and  received),  the  said  cash  deposit  shall  be  deemed  and  de- 
clared forfeited  to  the  State  of  Georgia,  and  it  shall  be  the 
duty  of  the  Treasurer  to  place  said  cash  deposit  in  the  treas- 
ury of  the  State  to  the  credit  of  the  school  fund;  and  pro- 
vided, further,  that  any  recovery  had  on  any  bond  given  by 
any  contractor  shall  inure  to  benefit  of  the  school  fund  of 
the  State,  and  when  collected  shall  be  placed  in  the  treasury 
to  the  credit  of  the  school  fund  and  be  prorated  among  the 
several  counties  of  the  State. 

Standard  of  books — prices — exchange  price. 

Sec.  6.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  the  books  furnished  under  any  contract  shall  be  equal 
in  all  respects  to  the  specimen  or  sample  copies  furnished 
with  the  bids;  and  it  shall  be  the  duty  of  the  Secretary  of 
State  to  preserve  in  his  office,  as  the  standards  of  quality  and 
excellence  to  be  maintained  in  such  books  during  the  con- 
tinuance of  such  contract,  the  specimen  or  sample  copies  of 
all  books  which  have  been  the  basis  of  any  contract,  together 
with  the  original  bid  or  proposal.     It  shall  be  the  duty  of  all 


56  Compilation  of  Common   School  Laws. 

contractors  to  print  plainly  on  the  back  of  each  book  the  con- 
tract price  as  well  as  the  exchange  price  at  which  it  is  agreed 
to  be  furnished,  but  the  books  submitted  as  sample  or  speci- 
men copies  with  the  original  bids  shall  not  have  the  price 
printed  on  them  before  they  are  submitted  to  the  sub-com-» 
mission.  And  the  said  School-book  Commission  shall  not 
in  any  case  contract  with  any  person,  publisher  or  publishers 
for  the  use  of  any  book  or  books  which  are  to  be  or  shall  be 
sold  to  patrons  for  use  in  any  public  school  in  this  State  at 
a  price  above  or  in  excess  of  the  price  at  which  such 
book  or  books  are  furnished  by  said  person,  publisher  or  pub- 
lishers under  contract  to  any  State,  county  or  school  district 
in  the  United  States  under  like  conditions  prevailing  in  that 
State  and  in  this  Act;  and  it  shall  be  stipulated  in  each  con- 
tract that  the  contractor  is  not  now  furnishing,  under  con- 
tract, any  State,  county  or  school  district  in  the  United 
States  where  like  conditions  prevail  as  are  prevailing  in  this 
State  and  under  this  Act,  the  same  book  or  books  as  are  em- 
braced in  said  contract  at  a  price  lower  or  less  than  the  prices 
stipulated  in  the  said  contract;  and  that  in  case  said  con- 
tractors shall  hereafter,  during  the  term  of  said  contract, 
contract  to  furnish,  or  furnish,  to  any  State,  county  or  school 
district  such  book  or  books  at  a  lower  price  than  that  named 
in  the  contract,  such  lower  price  shall  become  the  price  of 
such  book  or  books  under  the  contract  entered  into  with  the 
said  School-book  Commission.  And  the  said  School-book 
Commission  is  hereby  authorized  and  directed  at  any  time 
they  find  that  any  book  or  books  are  being  sold  at  a  lower 
price,  under  contract,  to  any  State,  county  or  school  district 
aforesaid,  to  sue  upon  the  bond  of  said  contractor  and  re- 
coyer  the  difference  between  the  contract  price  and  the  lower 
price  at  which  they  find  the  books  are  being  sold.  And  in 
case  any  contractor  shall  fail  to  execute  specifically  the  terms 
and  provisions  of  his  contract,  said  School-book  Commission 
is  hereby  authorized,  empowered  and  directed  to  bring  suit 
and  all  damages,  the  suit  to  be  in  the  name  of  the  State  of 
Georgia  and  the  recovery  for  the  benefit  of  the  public  school 
fund.  But  nothing  in  this  Act  shall  be  construed  so  as  to 
prevent   said   School-book   Commission,   and   any   other   con- 


Uniform  Text  Book  Law.  57 

tractor  agreeing  thereto,  from  in  any  manner  changing  or 
altering  any  contract,  provided  four  members  of  the  State 
School-book  Commission  shall  agree  to  the  change  and  think 
it  advisable  and  for  the  best  interest  of  the  public  schools 
of  the  State.  In  all  other  matters  a  majority  of  said  School- 
book  Commission  shall  control. 

Sec.  7.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  it  shall  be  always  a  part  of  the  terms  and  conditions  of 
any  contract  made  in  pursuance  of  this  Act,  the  State  of 
Georgia  shall  not  be  liable  to  any  contractor,  in  any  manner, 
for  any  sum  whatever;  but  all  such  contractors  shall  receive 
their  pay  or  consideration  in  compensation  solely  and  ex- 
clusively derived  from  the  proceeds  of  the  sale  of  books,  as 
provided  for  in  this  Act;  provided  further,  that  the  said 
School-book  Commission  shall  stipulate  in  the  contract  for 
the  supplying  of  any  book  or  books,  as  herein  provided,  that 
the  contractor  or  contractors  shall  take  up  the  school-books 
now  in  use  in  this  State  and  receive  the  same  in  exchange 
for  new  books  at  a  price  not  less  than  fifty  per  cent,  of  the 
contract  price ;  but  the  exchange  period  shall  not  extend  be- 
yond the  limit  of  one  year  from  time  of  the  expiration  of 
contracts  existing  in  counties  in  which  such  said  change  shall 
be  required  under  this  Act.  And  each  person  or  publisher 
making  any  bid  for  the  supplying  of  any  books  hereunder 
shall  state  in  such  bid  or  proposal  the  exchange  price  at  which 
such  book  or  books  shall  be  furnished. 

Bids  may  be  rejected. 

Sec.  8.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  the  said  School-book  Commission  shall  have  and  reserve 
the  right  to  reject  any  and  all  bids  or  proposals  if  said  com- 
mission be  of  the  opinion  that  any  or  all  bids  should,  for  any 
reason,  be  rejected;  and  in  case  they  fail  from  among  the 
bids  or  proposals  submitted  to  select  any  book  or  books  upon 
any  of  the  branches  of  study  herein  provided  for  in  this  Act, 
they  may  re-advertise  for  sealed  bids  or  proposals  under 
same  terms  and  conditions  as  before,  and  proceed  in  their 
investigation  in  all  respects  as  they  did  in  the  first  instance 
^nd  as  required  by  the  terms  and  provisions  of  this  Act. 


58  Compilation  of  Common   School  Laws. 

Proclamation  by  the  Governor. 

Sec.  9.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  as  soon  as  said  Commission  shall  have  entered  into  a 
contract  or  contracts  for  the  furnishing  or  supplying  of 
books  for  use  in  the  public  schools  of  this  State,  it  shall  be 
the  duty  of  the  Governor  to  issue  his  proclamation  announc- 
ing such  fact  to  the  people  of  the  State. 

Depositories. 

Sec.  10.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  party  or  parties  with  whom  the  contract  or  con- 
tracts shall  be  made  shall  establish  and  maintain  in  some  city 
in  this  State  a  depository  where  a  stock  of  their  books  suf- 
ficient to  supply  all  the  immediate  demands  shall  be  kept. 
They  shall  also  establish  and  maintain  not  less  than  one  nor 
more  than  three  agencies  in  every  county  in  the  State  as  the 
State  School-book  Commission  shall  deem  advisable  and  de- 
mand, for  distribution  of  the  books  to  the  patrons;  but  the 
contjractor  shall  also  be  permitted  to  make  arralngements 
with  merchants  or  others  for  the  handling  and  distribution 
of  the  books.  Any  party  not  living  conveniently  near  an 
agency  or  county  depository  may  order  any  books  desired 
from  the  central  depository  direct,  and  it  shall  be  the  duty 
of  the  contractor  to  deliver  any  book  or  books  so  ordered  to 
the  person  so  ordering  to  his  postoifice  address,  freight,  ex- 
press, postage  or  other  charges  prepaid,  at  the  retail  contract 
price;  provided,  that  the  price  of  the  book  or  books  so 
ordered  shall  be  paid  in  advance.  All  books  shall  be  sold  to 
the  consumer  at  the  retail  contract  prices,  and  on  the  cover 
of  each  book  shall  be  printed  the  following:  "The  price 
printed  hereon  is  fixed  by  a  State  contract,  and  any  devia- 
tion therefrom  shall  be  reported  to  your  County  School  Com- 
missioner or  to  the  State  School  Commissioner  at  Atlanta"; 
and  it  is  expressly  provided  that  should  any  party  contract- 
ing to  furnish  books  as  provided  for  in  this  Act  fail  to  fur- 
nish them,  or  otherwise  breach  his  contract,  in  addition  to 
the  right  of  the  State  to  sue  on  the  bond  herein  above  re- 
quired, the  County  Board  of  Education  may  sue  in  the  name 
of  the  State  of  Georgia  in  any  court  having  jurisdiction  and 


Uniform  Text  Book  Law.  59 

recover  on  the  bond  of  the  contractor  the  full  value  of  the 
books  so  failed  to  be  furnished,  for  the  use  and  benefit  of 
the  school  fund  of  the  county;  provided,  that  the  right  of 
action  given  to  the  County  Board  of  Education  shall  be  lim- 
ited to  breaches  of  the  contract  committed  in  that  county. 

Powers  of  Commission. 

Sec.  11.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  said  School-book  Commission  may  from  time  to  time 
make  any  necessary  regulations  not  contrary  to  the  provis- 
ions of  this  Act,  to  secure  the  prompt  distribution  of  the 
books  herein  provided  for  and  the  prompt  and  faithful  exe- 
cution of  all  contracts;  and  it  is  expressly  now  provided  that 
said  commission  shall  maintain  its  organization  during  the 
five  years  of  the  continuance  of  the  contract,  and  after  the 
expiration  of  the  same  to  renew  such  of  them  as  they  deem 
advisable,  or  re-advertise  for  new  bids  or  proposals  as  re- 
quired by  this  Act  in  the  first  instance,  and  enter  into  such 
other  contracts  as  they  may  deem  for  the  best  interest  of  the 
patrons  of  the  public  schools  of  the  State;  provided,  that  any 
contract  entered  into  or  renewed  shall  be  for  the  term  of  five 
years. 

Notice  by  State  School  Commissioner. 

Sec.  12.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  as  soon  as  practicable  after  the  adoption  provided  for 
in  this  Act,  the  State  School  Commissioner  shall  issue  a 
circular  letter  to  each  county  commissioner  and  city  super- 
intendent in  the  State,  and  to  such  others  as  he  may  desire 
to  send  it,  which  letter  shall  contain  the  list  of  books  adopted, 
the  prices,  location  of  agencies,  method  of  distribution,  and 
such  other  information   as  he   may   deem  necessary. 

Books  adopted  to  be  used  to  exclusion  of  others — Supple- 
mentary readers. 

Sec.  13.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  books  adopted  under  the  provisions  of  this  Act  shall 
be  used  to  the  exclusion  of  all  others  on  the  same  subject  in 
all  the  public  common  schools  of  the  State;  provided,  that 
supplementary  readers  may  be  used  in  any  of  the  common 


60  Compilation  of  Common   School  Laws. 

schools  of  the  State,  but  even  supplementary  readers  shall 
not  be  used  until  after  the  regular  readers  prescribed  have 
been  completed,  and  in  no  case  shall  supplementary  readers 
be  used  to  the  exclusion  of  the  regular  readers  adopted  under 
this  Act. 

Sec.  14.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  any  person  or  persons  violating  the  preceding  Section 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than 
ten  dollars  nor  more  than  twenty-five  dollars. 

Penalties  for  violation  of  law. 

Sec.  15.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  if  any  county  school  commissioner  fails  or  refuses  to 
enforce  the  provisions  of  this  Act,  said  county  shall  receive 
no  part  of  the  public  school  fund  of  the  State  of  Georgia 
until  the  provisions  of  this  Act  have  been  complied  with. 
Any  teacher  of  a  public  common  school  in  this  State  vio- 
lating the  provisions  of  this  Act  shall  not  receive  any  salary 
so  long  as  he  or  she  shall  fail  to  carry  out  the  provisions  of 
this  Act.  Any  teacher  who  shall  use  or  permit  to  be  used  in 
his  or  her  school  any  text-book  upon  the  branches  embraced 
in  this  Act,  where  the  commission  has  adopted  a  book  upon 
that  branch,  other  than  the  one  so  adopted  (except  it  be  sup- 
plementary readers,  as  provided  in  Section  13)  shall  be 
guilty  of  a  misdemeanor  and  shall  be  punished  as  provided 
in  Section  14  of  this  Act. 

Sec.  16.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  if  any  local  agent,  dealer,  clerk  or  other  person  hand- 
ling or  selling  the  books  adopted  under  this  Act  shall  demand 
or  receive  for  any  copy  of  any  of  the  books  herein  provided 
for,  more  than  the  contract  price  in  cases  where  the  purchase 
is  for  cash,  he  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  for  each  offense  be  punished  by  a  fine  not 
less  than  fifty  nor  more  than  two  hundred  dollars. 

Appropriation  for  expenses  of  adoption. 

Sec.  17.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  sum  of  one  thousand  dollars,  or  so  much  thereof  as 


Uniform  Text  Book  Law.  61 

may  be  necessary,  to  be  paid  out  of  the  public  school  fund, 
be,  and  is,  hereby  appropriated  for  the  purpose  of  paying 
the  cost  and  expense  of  carrying  into  effect  the  provisions  of 
this  Act. 

Per  diem  and  expenses  of  members  of  sub-commission. 

Sec.  18.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  said  School-book  Commission  shall  serve  without  com- 
pensation, and  the  members  of  the  sub-commission  of  five 
sh?ll  be  paid  a  per  diem  of  four  dollars  per  day  during  the 
time  they  are  actually  engaged,  not  to  exceed  thirty  days, 
and  in  addition  shall  be  repaid  all  money  actually  expended 
by  them  in  the  payment  of  necessary  expenses,  to  be  paid  cut 
of  the  public  school  fund,  and  they  sh.iU  make  out  and  swear 
to  an  itemized  statement  of  such  expenses. 

Terms  of  contract. 

Sec.  19.  Be  if  further  enacted  by  the  authority  aforesaid. 
That  the  adoptions  made  under  the  provisions  of  this  Act 
shall  continue  for  five  years  from  the  first  day  of  January, 
1904,  and  any  adoption  of  books  made  after  this  time  shall 
terminate  with  all  other  adoptions  on  the  first  day  of  Janu- 
ary, 1904,  and  that  all  contracts  for  school  books  made  by 
county  boards  of  education  now  existing  and  extending  be- 
yound  the  first  of  January,  1904,  shall  not  be  affected  by 
this  Act,  but  no  new  contracts  shall  be  made  after  the  pas- 
sage of  this  Act  by  any  county  board  of  education,  or  by  the 
board  of  education  of  any  city  or  town  in  this  State,  except 
the  boards  of  education  in  Georgia  having  under  their  con- 
trol a  system  of  graded  schools  in  part  supported  by  local 
taxation  and  maintained  for  at  least  eight  months  in  each 
year. 

Repealing  clause. 

Sec.  20.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be, 
and  the  same  are,  hereby  repealed. 

Approved  August  13,  1903. 


6'2  Compilation  oi?  Common   School  Laws. 


LOCAL  TAX  DISTRICT  SCHOOLS  AND  LOCAL  TAX 
BY   COUNTIES. 


(AMENDED  AUGUST  22,  1907.) 


County  Boards  to  lay  off  school  districts.  * 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georgia,  and  it  is  hereby  enacted  by  authority  of  the  same, 
That  within  thirty  days  after  the  passage  of  this  Act,  or  as 
soon  thereafter  as  practicable,  it  shall  be  the  duty  of  the 
County  Board  of  Education  of  each  county  in  Georgia  to  lay 
off  the  county  into  school  districts,  the  lines  of  which  shall  be 
clearly  and  positively  defined  by  boundaries  such  as  creeks, 
public  roads,  land  lots,  district  lines  or  county  lines.  The 
school  district  thus  marked  out  shall  contain  an  area  of  not  less 
than  sixteen  square  miles,  and,  when  practicable,  shall  be  so 
shaped  as  to  have  the  school  building  as  near  the  center  as 
possible,  and  no  territory  shall  be  included  whose  occupants 
reside  further  than  three  miles  from  the  school  house  without 
written  petition  of  two-thirds  of  the  qualified  voters  therein; 
provided,  that  the  Board  of  Education  may  have  the  right  to 
establish  districts  with  areas  less  than  sixteen  square  miles 
where  there  are  natural  causes  or  local  conditions  that  make 
it  necessary  to  do  so.  The  natural  causes  which  will  permit 
the  creation  of  smaller  districts  are  mountains,  streams  over 
which  there  are  no  bridges,  and  dangerous  roads.  Local  con- 
ditions which  will  permit  the  creation  of  small  districts  must 
be  determined  by  the  Board  of  Education. 

In  counties  having  incorporated  towns,  now  levying  a 
local  tax  for  educational  purposes,  and  operating  a  public 
school  system  under  their  own  charter  or  special  Act  of  the 
Legislature,  the  County  Board  of  Education,  with  the  consent 
of  the  municipal  authorities,  may  create  a  school  district  larger 
than  the  incorporated  limits  of  the  town  by  adding  adjacent 
territory  not  already  included  in  the  incorporate  limits,  and 
the   district  thus  marked  out  shall  become  a  school  district 


Local  Tax  Law.  63 

upon  the  vote  of  the  people  as  hereinafter  privided,  but  such 
school  district,  including  incorporated  towns  having  a  popu- 
lation of  four  thousand  or  more,  shall  be  and  remain  under 
the  exclusive  supervision  and  direction  of  the  school  boards 
of  the  previously  chartered  schools  in  said  class  of  incorpo- 
rated towns  and  not  under  supervision  of  the  County- 
Board  of  Education;  and  the  school  boards  of  such  chartered 
schools  in  incorporated  towns  shall  be  trustees  of  said  school 
district  under  this  Act;  provided  further,  that  if  there  be 
located  in  such  district  a  chartered  school  controlled  by  a 
board  of  stockholders  or  by  board  of  directors  elected  by 
them,  the  management  and  control  of  said  chartered  school 
shall  remain  in  them,  and  they  shall  have  all  the  rights  and 
privileges  of  this  Act  to  collect  local  taxes  as  hereinafter  pro- 
vided in  this  Act,  and  to  receive  the  share  of  the  State  public 
school  fund.  A  map  of  the  county  thus  laid  off,  plainly  out- 
lining the  boundaries  of  the  school  district  with  full  descrip- 
tion thereof,  shall  be  filed  with  the  Ordinary  within  forty 
days  after  the  passage  of  this  Act,  or  as  soon  thereafter  as 
practicable,  and  the  boundaries  of  said  school  districts  shall 
not  be  altered  any  oftener  than  once  a  year.  The  County 
Board  of  Education  in  laying  off  the  county  shall  disregard 
any  school  districts  embracing  territory  not  included  in  in- 
corporated towns  heretofore  created  by  special  Act  of  the  Leg- 
islature. The  failure  on  the  part  of  any  board  of  education 
to  perform  the  duties  required  by  this  Act,  shall  be  immedi- 
ately inquired  into  by  the  first  grand  jury  sitting  after  such 
neglect  of  duty,  and  if  said  grand  jury  shall  find  that  any 
member  or  members  of  said  board  have  failed  to  perform 
their  duty  it  shall  report  the  same  to  the  judge  of  the  su- 
perior court,  who  shall  cause  a  rule  nisi  to  issue  against  such 
member  or  members,  and  they  shall  be  heard  by  the  judge  in 
their  own  behalf;  if  the  said  member  or  members  can  not 
give  a  good  and  sufficient  reason  why  they  have  not  per- 
formed their  duties  as  required  by  this  Act,  they  shall  be  dis- 
charged, and  the  said  judge  shall  fill  the  vacancies  until  the 
next  grand  jury  shall  meet. 


6-i  Compilation  of  Common   School  Laws. 

Election  of  Trustees. 

Sec.  2.  Be  it  further  enacted,  That  within  ninety  days 
after  the  Board  of  Education  has  laid  off  the  county  as  re- 
quired in  Section  1,  the  said  Board  of  Education  shall  order 
the  citizens  of  the  several  school  districts  to  hold  an  election 
for  the  purpose  of  electing  three  trustees  for  each  district  in 
the  county.  Said  election  shall  be  held  at  a  time  and  place, 
and  in  a  manner  prescribed  by  the  County  Board  of  Edu- 
cation. The  said  trustees  shall  be  intelligent  citizens  of  good 
moral  character  who  are  known  to  be  earnest  supporters  of 
public  education,  and  they  shall  serve  one  for  three  years, 
one  for  two  years,  and  one  for  one  year,  as  the  County 
Board  of  Education  may  determine.  In  districts  containing 
incorporated  towns  there  may  be  five  trustees,  one  of  whom 
shall  be  elected  for  one  year,  two  for  two  yars,  and  two  for 
three  years.  The  notice  of  their  election  shall  be  filed  by  the 
election  managers  with  the  County  School  Commissioner, 
who  shall  submit  the  same  to  the  County  Board  of  Educa- 
tion for  their  approval.  After  the  said  local  board  of 
trustees  have  been  approved  and  properly  commissioned  by 
the  County  Board  of  Education,  it  shall  meet  immediately 
and  organize  by  electing  one  of  its  members  president,  and 
one  secretary  and  treasurer.  If  the  County  Board  of  Edu- 
cation should  consider  any  member  or  members  unqualified 
for  the  work,  they  shall  refuse  to  confirm  the  election  of  such 
member  or  members  and  require  the  citizens  of  a  district  at 
a  time  and  place,  and  in  a  manner  prescribed  by  the  County 
Board  of  Education,  to  elect  others.  At  the  expiration  of 
the  term  of  office  of  the  members  thus  elected  the  citizens  of 
a  district  shall  meet  at  a  time  and  place,  and  in  a  manner 
prescribed  by  the  County  Board  of  Education,  and  elect 
their  succesors,  who  must  be  approved  by  the  County  Board 
of  Education  as  hereinbefore  provided,  and  the  election  shall 
be  for  a  term  of  three  years.  If  any  member  should  refuse 
to  act,  or  should  be  guilty  of  any  conduct  unbecoming  the 
dignity  of  a  school  trustee,  the  County  Board  of  Education 
shall  have  the  right,  upon  a  written  complaint  of  a  majority 
of  the  voters  of  the  district,  to  remove  said  member  and  have 
his   successor    elected    as    hereinbefore    provided.     But    no 


Local  Tax  Law.  65 

trustee  shall  be  removed  from  office  without  sufficient  proof, 
and  he  shall  be  served  with  a  copy  of  such  complaint  at  least 
ten  days  prior  to  the  day  set  for  the  hearing,  when  such 
trustee  shall  be  afforded  an  opportunity  to  be  heard  in  his 
defense. 

County   elections  how   ordered — ^who   shall   vote — limit   to 
rate  of  taxation. 

Sec.  3.  Be  it  further  enacted,  That  whenever  the  citi- 
zens of  any  county  wish  to  supplement  the  public  school  fund 
received  from  the  State  by  levying  a  tax  upon  the  property 
of  the  county,  it  shall  be  the  duty  of  the  Ordinary  to  order 
an  election,  not  earlier  than  twenty  days,  nor  later  than  sixty 
days,  after  receiving  a  petition  of  one-fourth  of  the  qualified 
voters  of  the  county ;  and  notice  of  the  same  shall  be  pub- 
lished in  at  least  three  weekly  issues  of  the  county  news- 
paper in  which  legal  advertisements  of  the  county  are  pub- 
lished. Said  elections  shall  be  held  as  ordinary  county  elec- 
tions are  held.  Those  favoring  the  levying  of  the  local  tax 
shall  vote  for  ''Local  tax  for  public  schools" ;  those  opposed 
shall  vote  "Against  local  tax  for  public  schools.''  The  re- 
turns of  said  election  shall  be  made  to  the  Ordinary  of  the 
county,  who  shall  declare  the  results,  and  two-thirds  of  those 
voting  shall  be  necessary  to  carry  said  election  for  local  tax- 
ation for  public  schools.  An  election  for  the  same  purpose 
shall  not  be  held  oftener  than  every  twelve  months.  No 
person  shall  be  allowed  to  vote  in  said  election  except  those 
regularly  qualified  -to  vote  in  State  and  county  elections.  If 
the  election  is  carried  for  local  taxation,  the  Ordinary  or 
Board  of  County  Commissioners,  whichever  levies  the  county 
tax,  shall  levy  a  local  tax  as  recommended  by  the  county 
Board  of  Education  upon  all  the  property  of  the  county,  not 
to  exceed  one-half  of  one  per  cent.,  and  the  same  shall  be 
collected  by  the  county  tax  collector  and  paid  by  him  to  the 
County  Board  of  Education.  The  county  tax  collector  shall 
keep  the  funds  thus  collected  separate  and  distinct  from 
all  county  and  State  funds,  and  he  shall  receive  a  commis- 
sion of  two  and  one-half  per  cent,  for  collecting  the  same. 
Provided,  That  if  there  be  an  incorporated  town  in  a  county 


66  Compilation  of  Common   School  Laws. 

holding  an  election  as  provided  in  this  Section  now  operating 
a  public  school  system,  it  shall  not  be  included  in  the  elec- 
tion without  consent  of  the  municipal  authorities,  but  if  the 
municipal  authorities  should  so  wish,  they  may  abolish  their 
system  by  a  special  Act.  of  the  Legislature  and  avail  them- 
selves of  the  provisions  of  this  bill. 

See   amendments    to   this    Section    approved    August    14, 
1909.     Page  70." 

Levy  and  collection  of  district  tax. 

Sec.  4.  Be  it  further  enacted,  That  whenever  the  citi- 
zens of  any  school  district  wish  to  supplement  the  funds  re- 
ceived from  the  State  public  school  fund  by  levying  a  tax 
for  educational  purposes,  they  shall  present  a  petition  from 
one-fourth  of  the  qualified  voters  of  the  district  to  the  Ordi- 
nary, who  shall  order  the  election  not  earlier  than  twenty 
days,  nor  later  than  sixty  days,  after  the  petition  is  received ; 
provided,  that  notice  of  same  shall  be  posted  in  at  least  three 
conspicuous  places  in  the  district  ten  days  prior  to  the  elec- 
tion. The  election  shall  be  held  at  a  time  and  place  pre- 
scribed by  the  proper  authorities  ,and  under  rules  governing 
ordinary  elections.  Those  favoring  local  taxation  for  public 
schools  shall  vote  ''For  local  taxation  for  public  schools'' ; 
those  opposed  shall  vote  "Against  local  taxation  for  public 
schools."  The  returns  of  ^aid  election  shall  be  made  to  the 
Ordinary  of  the  county,  who  shall  declare  the  results,  and 
two-thirds  of  those  voting  shall  be  necessary  to  carry  the 
election  for  local  taxation  for  public  schools.  No  person 
shall  vote  in  said  election  except  the  regularly  qualified 
voters  residing  in  the  district  six  months  prior  to  the  elec- 
tion. An  election  for  the  same  purpose  shall  not  be  held 
oftener  than  every  twelve  months. 

Tax  returns  in  local-tax  districts. 

Sec.  5.  Be  it  further  enacted.  That  in  those  districts 
which  levy  a  local  tax  for  educational  purposes,  the  board 
of  trustees  shall  make  all  rules  and  regulations  to  govern  the 
schools  of  the  districts,  and  build  and  equip  schoolhouses 
under  the  approval  of  the  County  Board  of  Education.     They 


Local  Tax  Law.  67 

shall  have  the  right  to  fix  the  rate  of  tuition  for  non-resident 
pupils,  and  to  fix  the  salaries  of  the  teachers.  They  shall 
receive  from  the  County  Board  of  Education  the  share  of 
public  school  funds  apportioned  to  the  district  by  the  County 
Board  of  Education.  They  shall  determine  the  amount 
necessary  to  be  raised  by  local  tax  on  all  the  property  of  the 
district.  The  Secretary  of  the  Board  of  Trustees  of  said 
district,  with  the  aid  of  the  County  School  Commissioner  of 
said  county,  shall  ascertain  from  the  tax  returns  made  to 
the  tax  receiver  and  from  the  returns  made  to  the  Comp- 
troller-General, the  total  value  of  all  of  the  property  in  said 
district  subject  to  taxation  for  county  purposes,  and  a  regular 
digest  of  all  such  property  in  said  school  district,  shall  be 
made  by  said  secretary  in  a  book  furnished  by  the  Board  of 
Trustees  and  kept  for  that  purpose.  At  or  before  the  time 
of  fixing  the  rate  of  taxation  for  said  county,  the  secretary 
of  each  local  Board  of  Trustees,  with  the  aid  of  the  County 
School  Commissioner,  shall  levy  such  rate  on  the  property 
thus  found  as  will  raise  the  total  amount  to  be  collected ; 
provided,  that  such  rate  shall  not  exceed  one-half  of  one  per 
cent.  The  County  School  Commissioner  of  each  county,  at 
or  before  the  time  for  fixing  the  rate  of  said  county  by  the 
Ordinary  thereof,  or  the  County  Board  of  Commissioners,  as 
the  case  may  be,  shall  certify  to  the  said  Ordinary,  or  said 
Board  of  Commissioners,  as  the  case  may  be,  and  to  the 
Comptroller-General  of  the  State  the  rate  of  taxation  fixed 
for  each  school  district  in  the  county,  and  said  taxing  author- 
ity of  said  county  shall  levy  such  special  tax  at  the  same  time 
and  in  the  same  manner  as  is  now  prescribed  for  levying 
taxes  for  county  purposes. 

A  copy  of  the  special  tax  digest  of  said  local  tax  district 
shall  be  furnished  by  the  secretary  of  the  local  board  of 
trustees  to  the  tax  collector  of  the  county,  and  it  shall  be  his 
duty  to  compute  and  collect  said  taxes,  keeping  the  same 
separate  by  school  districts  from  the  county  and  State  funds, 
and  turn  same  over  to  the  secretary  of  such  local  school 
districts,  as  well  as  tax  received  for  said  district  from  rail- 
roads and  other  corporations  that  make  their  returns  to  the 
Comptoller-General,    taking   the    receipt    for   the    same   upon 


08  Compilation  of  Common   School  Laws. 

order  from  the  County  School  Commissioner;  and  said 
tax-collector  shall  receive  as  compensation  therefor  two  and 
one-half  per  cent,  of  the  amount  collected. 

In  any  case  in  which  it  is  impossible  to  determine  from 
tax  returns  made  to  the  tax  receiver  of  the  country  the  value 
of  the  property  of  any  citizen  situated  in  any  school  district 
and  subject  to  taxation  in  said  district,  the  secretary  of  the 
Board  of  Trustees  shall  issue  a  summons  to  said  taxpayer 
requiring  him  to  make  returns  within  five  days  to  said  sec- 
retary of  his  property  situated  in  said  district  and  subject  to 
taxation  for  school  purposes.  Should  said  return  be  unsatis- 
factory to  said  secretary,  he  shall  reject  the  same  and  submit 
said  returns  to  arbitration  as  is  now  provided  by  law  for 
such  cases  when  returns  are  rejected  by  tax  receivers. 

All  property,  both  real  and  personal,  including  franchises 
belonging  to  railroads,  telegraph  and  telephone  companies, 
and  to  all  other  corporations  which  are  now  required  to  make 
their'  returns  to  the  comptroller-General  of  this  State,  which 
is  in  the  taxable  limit  of  any  school  district  shall  be,  and  the 
same  is,  hereby  made  subject  to  taxation  by  said  school  dis- 
tricts as  fully  and  completely  as  is  the  property  of  other  cor- 
porations within  such  taxable  limits. 

It  is  hereby  made  the  duty  of  every  such  corporation  in 
this  State,  in  addition  to  the  facts  now  required  to  be  shown 
in  their  returns  to  the  Comptroller-General  to  also  show  in 
said  returns  the  value  of  such  corporation's  property  in  each 
of  said  school  districts  through  which  it  runs.  And  for  the 
purpose  of  enabling  such  corporation  to  show  in  said  returns 
the  value  of  .its  property  in  such  school  districts,  it  is  hereby 
made  the  duty  of  the  County  Superintendent  of  Schools  of 
each  county  to  furnish  on  or  before  January  1,  1907,  to 
each  such  corporation,  information  as  to  the  boundaries  of 
each  school  district  in  which  such  corporation  may  have 
property,  such  as  will  enable  such  corporation  to  determine 
the  amount  of  its  property  in  such  district,  and  he  shall  also 
furnish  similar  information  whenever  the  boundaries  of  any 
school  district  may  be  changed. 

The  rolling-stock,  franchises  and  other  personal  property 
of  said  corporations  shall  be  distributed  to  said   school  dis- 


Local  Tax  Law.  69 

tricts  on  the  same  basis  that  rolling-stock,  franchises  and 
other  personal  property  are  distributed  to  counties  and 
municipalities  under  the  law ;  that  is,  as  the  value  of  the 
property  located  in  the  particular  district  is  to  the  whole 
located  property,  real  and  personal  of  said  corporation,  such 
shall  be  the  amount  of  rolling-stock,  franchises,  and  other 
personal  property  to  be  distributed  for  taxing  purposes  to 
each  school  district. 

All  of  the  other  provisions  of  the  Act  of  October  16,  1889, 
entitled  "An  Act  to  provide  a  system  of  taxation  of  railroad 
property  in  each  of  the  counties  of  the  State  through  which 
said  railroad  runs,  and  to  provide  a  mode  of  assessing  and 
collecting  the  same,  and  for  other  purposes,"  in  so  far  as 
they  can  be  applied  are  hereby  made  applicable  to  the  as- 
sessment and  collection  of  taxes  of  all  such  companies  and 
corporations  which  are  now  required  by  law  to  make  their 
returns  to  the  Comptroller-General,  by  and  for  school  dis- 
tricts in  this  State  upon  the  property  and  franchises  of  such 
companies  located  in  such  school  districts  and  upon  the  roll- 
ing-stock, franchises  and  other  personal  property  distributed 
under  the  provisions  of  this  Act. 

Secretary  and  Treasurer  of  Board  of  Trustees — statements 
and  reports. 

Sec.  6.  Be  it  further  enacted.  That  the  board  of  trustees 
may  have  the  right  to  pay  the  secretary  and  treasurer  a  com- 
mission on  the  amount  of  local  tax  collected  not  to  exceed 
two  and  one-half  per  cent.,  but  there  shall  be  no  commission 
allowed  on  the  amount  received  from  the  State.  They  shall 
furnish  quarterly  to  the  County  Board  of  Education  a  state- 
ment showing  all  receipts,  disbursements,  and  cash  on  hand. 
They  shall  also  furnish  statement  showing  school  population, 
enrollment,  average  attendance,  course  of  study  and  other 
data  the  County  Board  of  Education  may  require  whenever 
called  upon  to  do  so. 
General  school  laws  to  be  observed. 

Sec.  7.  Be  it  further  enacted.  That  while  it  is  the  purpose 
and  spirit  of  this  Act  to  encourage  individual  action  and  local 
self-help  upon  the  part  of  the  school  districts,  it  is  expressly 


70  Compilation  of  Common   School  Laws. 

understood  that  the  general  school  laws  of  this  State  as  ad- 
ministered by  the  County  Board  of  Education  shall  be 
observed. 

Sec.  8.  Be  it  further  enacted,  That  all  elections  held 
under  the  provisions  of  this  Act  shall  be  governed  as  to  regis- 
tration and  qualification  of  voters  as  the  general  law  gov- 
erning special  elections  provides. 

Sec.  9.  Be  it  further  enacted,  That  all  laws  and  parts  of 
laws  in  .conflict  with  this  Act  be,  and  the  same  are,  hereby 
repealed. 

Approved  August  21,  1906. 

Amendments  approved  August  22,  1907. 

Provisions  for  voting  out  the  local  tax. 

Section  1.     Be  it  enacted  by  the   General  Assembly  of 

Georgia,  That  the  above  recited  Act  be  amended  by  adding  a 

Section    appropriately    numbered,    to-wit :    "An    election    for 

repealing  the  local  tax  law  provided   for  in  this  Act  when 

Acts  of  same  has  been  established  for  over  three  years  shall  be  called 

1909,   page  •' 

"»59.  as  in  first  instance.     And  if  abolished  by  vote  under  similar 

regulations  as  in  first  instance,  no  new  election  for  re-creating 
same  shall  be  called  within  one  year.  If  not  abolished  by 
vote,  no  election  for  the  same  purpose  shall  be  called  within 
one  year. 

Sec.  2.  Be  it  further  enacted.  That  all  conflicting  laws 
are  hereby  repealed. 

Approved  August  14,  1909. 


Child  Labor  Law  and  State  Reformatory.  71 


PART  XIII. 


CHILD  LABOR  LAW,  AND  STATE  REFORMATORY. 


No  child  under  ten  years  old  to  work  in  a  factory. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georg-ia,  and  it  is  hereby  enacted  by  authority  of  the  same, 
That  from  and  after  the  approval  of  this  Act,  no  child  under 
ten  years  of  age  shall  be  employed  or  allowed  to  labor  in 
or  about  any  factory  or  manufacturing  establishment  within 
this  State  under  any  circumstances. 

Certificate  of  Ordinary  for  any  child  under  twelve. 

Sec.  2.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  on  and  after  January  1st,  1907,  no  child  under  twelve 
years  of  age  shall  be  so  employed  or  allowed  to  labor,  unless 
such  a  child  be  an  orphan,  and  has  no  other  means  of  support, 
or  unless  a  widowed  mother  or  an  aged  old  disabled  father 
is  dependent  upon  the  labor  of  such  child,  in  which  event, 
before  putting  such  child  at  such  labor,  such  father  shall 
produce  and  file  in  the  office  of  such  factory  or  manufactur- 
ing establishment,  a  certificate  from  the  Ordinary  of  the 
county  in  which  such  factory'  or  establishment,  is  located, 
certifying  under  his  seal  of  office  to  the  facts  required  to 
be  shown  as  herein  prescribed ;  provided,  that  no  Ordinary 
shall  issue  any  such  certificate  except  upon  strict  proof  in 
writing  and  under  oath,  clearly  showing  the  necessary  facts; 
and  providing  further,  that  no  such  certificate  shall  be 
granted  for  longer  than  one  year,  nor  accepted  by  any  em- 
ployer after  one  year  from  the  date  of  such  certificate. 

No  child  under  fourteen  to  work  at  night. 

Sec.  3.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  on  and  after  January  1,  1908,  no  child  under  fourteen 
years  of  age  shall  be  employed  or  allowed  to  labor  in  or  about 
any  factory  or  manufacturing  establishment  within  this 
State  between  the  hours  of  seven  p.  m.  and  six  a.  m. 


72  Compilation  of  Common   School  Laws. 

Children  under  fourteen  must  attend  school  twelve  weeks 
each  year. 

Sec.  4.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  on  and  after  January  1st,  1908,  no  child,  except  as 
heretofore  provided,  under  fourteen  years  of  age,  shall  be 
employed  or  allowed  to  labor  in  or  about  any  factory  or 
manufacturing  establishment  within  this  State  unless  he 
or  she  can  write  his  or  her  name  and  simple  sentences,  and 
shall  have  attended  school  for  twelve  weeks  of  the  preceding 
year,  six  weeks  of  which  school  attendance  shall  be  consecu- 
tive; and  no  such  child  as  aforesaid,  between  the  ages  of 
fourteen  and  eighteen  years,  shall  be  so  employed  unless  such 
child  shall  have  attended  school  for  twelve  weeks  of  the 
preceding  year,  six  weeks  of  which  school  attendance  shall 
be  consecutive;  and  at  the  end  of  each  year,  until  such  child 
shall  have  passed  the  public  school  age,  an  affidavit  certify- 
ing to  such  attendance  as  is  required  by  this  Section,  shall 
be  furnished  to  the  employer  by  the  .parent  or  guardian  or 
person  sustaining  parental  relation  to  such  child.  The  pro- 
visions of  this  Section  shall  apply  only  to  children  entering 
such  employment  at  the  age  of  fourteen  years  or  less. 

Unlawful  to  employ  children  before  affidavit  is  filed. 

Sec.  5.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  it  shali  be  unlawful  for  any  owner,  superintendent, 
agent  or  any  other  person  acting  for  or  in  behalf  of  any 
factory  or  manufacturing  establishment  to  hire  or  employ 
any  child  unless  there  is  first  provided  and  placed  on  file  in 
the  office  of  such  employer  an  affidavit  signed  by  the  parent, 
guardian  or  person  standing  in  .parental  relation  thereto,  cer- 
tifying to  the  age  and  date  of  birth  of  such  child,  and  other 
facts  required  in  this  Act.  Any  person  knowingly  furnishing 
a  false  affidavit  as  to  the  age,  or  as  to  any  other  facts  required 
in  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  as  prescribed  in 
Section  1039  of  the  Penale  Code  of  Georgia  of  1895. 

Inspection  by  Grand  Jury. 

Sec.  6.     Be  it  further  enacted  by  the  authority  aforesaid. 


Child  Labor  Law  and  State  ReforMx\tory.  73 

That  the  affidavit  and  certificates  required  in  this  Act  shall 
be  open  to  inspection  by  the  Grand  Juries  of  any  county 
where  such  factory  or  manufacturing  establishments  are 
located. 

Penalty  for  Violation  of  this  Act. 

Sec.  7.  Be  it  further  enacted  by  the  authority  aforesaid 
That  any  person  or  agent,  or  representative  of  any  firm  or 
corporation  who  shall  violate  any  provision  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  punished  as  prescribed  in  Section  1039  of  the  Penal  Code 
of  Georgia  of  1895.  Any  parent,  guardian  or  other  person 
standing  in  parental  relation  to  a  child,  who  shall  hire  or 
^lace  for  employment  or  labor  in  or  about  any  factory  or 
manufacturing  establishment  within  this  State,  a  child  in 
violation  of  any  provision  .of  this  Act,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  pun- 
ished as  prescribed  in  Section  1039  of  the  Penal  Code  of 
Georgia,  1895. 

Sec.  8.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be, 
and  the  same  are,  hereby  repealed. 

Approved  August  1st,  1906. 


74  Compilation  of  Common   School  Laws. 


PART  XIV. 


EXTRACTS    FROM     DECISIONS     AND     INSTRUC- 
TIONS OF  STATE  SCHOOL  COMMISSIONERS. 


Note  1.     Resignation  should  be  tendered  to  Governor. 

When  a  member  of  a  Board,  or  a  County  School  Com- 
missioner desires  to  resign,  he  should  tender  his  resignation 
to  the  Governor,  and  not  to  the  Board  or  Grand  Jury. 

—G.  J.  Orr,  Instructions  March,  18/6. 

Note  2.     Requisites  of  certificates  of  election. 

The  certificate  of  the  election  of  members  of  the  County 
Board  must  have  the  following  requisites : 

1.  It  must  be  officially  signed  by  the  Clerk  of  the  Superior 
Court,  and  must  be  under  his  seal  of  office. 

2.  It  must  give  the  names  of  the  members  of  the  Board 
chosen,  and  must  state  whom  they  succeeded. 

3.  It  must  state  how  the  latter  vacated  their  offices. 

4.  It  must  state  the  term  of  court  at  which  the  action 
was  taken. 

When  a  vacancy  is  filled  by  the  Judge  of  the  Superior 
Court,  the  above  rules  will  apply  to  the  certificates  then  given, 
except,  where,  from  the  nature  of  the  case,  they  are  inap- 
plicable. 

— G.  J.  Orr,  Instructions  March,  18/6. 

Note  3.     The  Bible  in  the  public  schools. 

The  Bible  can  not  be  excluded  from  the  public  schools 
of  the  State. 

The  .proviso  interdicting  the  exclusion  of  the  Bible  from 
the  public  schools  is  the  law  in  places  where  local  school  laws 
are  in  operation  as  well  as  elsewhere. 

— G.  J.  Orr,  Instructions  April,  i8/8. 


Decisions  of  State  School  Commissioner.  75 

Note  4.     Disturbing  schools. 

Persons  who  wilfully  interrupt  or  disturb  any  public 
school,  private  school  or  Sunday-school  are  guilty  of  a  mis- 
demeanor, and,  on  conviction,  are  punishable  as  provided  in 
Section  4310  of  the  Code  of  1873. 

{See  Code  Vol  III.  Sec.  427.) 

—G.  J.  Orr,  Instructions  1882. 

Note  5.     Pupil  going  from  one  district  school  to  another. 

The  proper  rule  is  that  a  pupil  can  go  from  one  public 
school  to  another  only  by  consent  of  the  Board,  or  County 
School  Commissioner,  for  a  good  and  sufficient  cause,  the 
Board  of  Commissioner  being  the  judge. 

— J.  S.  Hook,  Instructions  January  10,  I888. 

Note  6.     Original  jurisdiction  in  revoking  teacher's  license. 

"Original  jurisdiction  in  the  revoking  of  a  teacher's  license 
rests  with  the  County  School  Commissioner.  Appeals  on 
such  action  of  the  County  School  Commissioner  come  only 
before  the  County  Board  of  Education." 

—S.  D.  Bradwell,  I8p5. 

Note  7.     Final  choice  of  teachers  and  power  to  make  con- 
tracts is  with  county  board. 

•  "The  law  does  not  compel  County  Boards  of  Education  to 
confirm  the  choice  of  local  trustees  in  selecting  teachers  even 
when  such  teachers  are  regularly  and  legally  appointed.  The 
fing]  choice  of  teachers,  and  the  power  to  make  contracts  with 
teachers  are  vested,  under  the  law,  wholly  in  the  County 
Board  of  Education." 

— G.  R.  Glenn,  November  ij.  i8g9. 

Note  8.     Teacher's  contract  is  an  entire  contract. 

"The  appeal  states  that  after  teaching  seventy-seven  and 
one-half  days,  the  said  teacher  resigned  the  said  school,  to 
accept  another  position,  but  his  resignation  was  not  accepted 
by  the  County  Board ;  that  previous  to  his  resignation  he 
had  received  payment  for  fifty-eight  days ;  that  he  had  taught 
nineteen   and   one-half   davs,   for  which   he   had   received   no 


76  Compilation  of  Common   School  Laws. 

pay;  that  the  County  Board  of  Education  refused  to  pay 
for  teaching  the  nineteen  and  one-half  days  because  the  con- 
tract is  considered  by  said  Board  as  an  entire  contract,  and 
it  was  not  fulfilled. 

"In  this  case,  the  Board  of  Education,  under  the  circum- 
stances, would  not  abuse  the  discretion  given  it  by  law,  if 
claims  to  said  teacher  were  approved  and  paid,  but  in  refus- 
ing to  pay  the  said  claim  for  teaching  nineteen  and  one-half 
days,  the  Board  has  not  violated  the  law  of  contracts.  This 
contract  is  in  the  nature  of  an  entire  contract. 

— W.  B.  Merritt,  April  y,  1^04. 

Note  9.     Plan  for  operating  schools  for  five  or  more  con- 
secutive months. 

Generally  it  is  more  satisfactory  to  have  the  schools  taught 
during  consecutive  months  of  the  fall,  winter  and  spring. 
Some  counties  have  for  One  year  operated  their  schools  for 
three  months  in  the  spring,  during  November  and  December 
the  school  term  of  that  year  was  completed ;  beginning  in 
January,  a  session  of  three  or  four  months  Of  the  next  year 
immediately  followed.  This  plan  has  given  good  results  in 
attendance  and  in  the  progress  of  pupils.  A  very  great  benefit 
has  come  to  schools  of  these  counties  from  the  fact  that  this 
arrangement  enables  County  Boards  to  pay  teachers  with 
very  little  delay.  It  is  much  easier  to  secure  teachers  if  they 
are  assured  that  they  will  be  paid  promptly,  and  that  they 
will  not  be  compelled  to  have  their  salaries  discounted.  I 
ask  the  careful  consideration  of  your  Board  to  this  plan,  which 
is  working  so  satisfactorily  in  many  counties. 

The  months  in  which  the  schools  may  be  taught  during  the 
school  year,  or  calendar  year,  may  be  selected  by  the  County 
Boards  of  Education,  as  they  think  best,  but  it  will  not  be  law- 
ful for  a  County  Board  of  Education  to  approve  for  payment 
out  of  the  funds  appropriated  for  one  year  any  teaching  that 
was  done  during  any  days  except  those  included  in  the  calen- 
dar year  for  which  appropriations  have  been  made.  To  illus- 
trate: the  contracts  with  teachers  for  the  school  year  of  1905, 
and  the  claims  of  teachers  based  upon  this  contract,  should  be 
in  consideration    of  teaching    that  is  done  only    during    the 


Decisions  of  State  School  Commissioner.  77 

school  year  of  1905. — W.  B.  Merritt^  Circular  Letter,  August 
17,  1904. 

The  Right  of  the  County  Board  of  Education  to  apportion 
State  School  Funds. 

The  question  presented  is  whether  or  not  the  County  Board 
of  Education  has  the  right  to  apportion  the  State  School 
Funds  as  in  its  judgment  may  appear  just  and  wise,  or  whether 
the  Board  is  compelled  to  make  this  distribution  on  a  strict 
per  capita  basis  to  the  various  districts  after  deducting  admin- 
istrative expenses.  The  law  is  silent  upon  this  point.  It  is 
specific  in  requiring  the  distribution  of  the  State  School  Funds 
to  the  various  counties  and  independent  or  town"  systems  upon 
the  per  capita  basis  according  to  the  children  of  school  age. 
The  very  silence  of  the  law  with  regard  to  schoool  districts 
under  the  general  authority  of  the  County  Board  of  Educa- 
tion, in  my  opinion,  is  proof  that  the  Legislature  did  not  intend 
to  force  the  apportionment  as  in  the  cases  mentioned  where  it 
is  specific.  The  exact  wording,  ''They"  (the  Trustees)  shall 
receive  from  the  County  Board  of  Education  the  share  of 
the  public  school  fund  apportioned  to  the  district  by  the  County 
Board  of  Education,"  indicates  that  the  right  of  apportion- 
ment is  left  to  the  County  Board,  it  being  understood,  of 
course,  that  the  funds  shall  be  distributed  upon  an  equitable 
and  fair  basis.  It  sometimes  happens  that  a  certain  school 
by  reasons  of  various  cicumstances  may  require  less  money 
for  maintenance  than  another.  The  qualification  of  the  teach- 
er, the  grade  of  license,  and  various  other  considerations 
may  properly  affect  the  amount  of  money  which  the  Board 
of  Education  may  deem  wise  to  apportion  to  any  particular 
school. 

In  my  opinion,  therefore,  the  County  Board  of  Education 
has  the  right  to  apportion  public  school  funds,  and  while 
this  Board  should  be  guided  in  the  distribution  of  the  State 
Funds  by  the  general  per  capita  basis  of  the  State,  less  the 
administrative  expenses,  this  body  may  fix  the  apportionment 
for  any  school  or  district  as  the  circumstances  may  require 
and  as  may  be  for  the  best  interests  of  the  district  and  county 
as  a  whole. 

— M.  L.  Brittain,  April  26,  19ii. 


78  Compilation  of  Common   School  Laws. 

PART    XV. 


EXTRACTS  FROM  DECISIONS  OF  STATE  BOARD 
OF    EDUCATION 


Note  1.     Commissions  to  board  members  when  grand  jury 
fails  to  give  terms. 

"When  the  action  of  the  Grand  Jury  fails  to  indicate  the 
terms  for  which  two  or  more  members  of  Boards  of  Educa- 
tion are  chosen  and  there  are  terms  of  different  lengths  to 
be  filled,  the  member  or  members  first  named  by  the  Grand 
Jury  shall  be  commissioned  for  the  longest  term  or  terms." 

November  30,  I888. 

Note  2.    When  County  School  Commissioner  may  contract 
with  teachers  of  local  school  system. 

"A  County  School  Commissioner  has  no  right  to  enter  into 
a  contract  with  the  teachers  of  a  local  school  system. 

"The  Act  creating  said  local  school  system  does  not  s-pe- 
cifically  state  that  pupils  residing  outside  the  city  limits  may 
be  permitted  to  attend  the  schools  of  such  local  school  system 
and  receive  the  benefits  of  the  State  school  funds.  It  must 
therefore,  follow  that  pupils  residing  without  the  limits  of 
the  said  city  and  attending  the  schools  of  the  said  local  sys- 
tem can  not  legally  be  allowed  to  participate  in  the  State 
school  funds  for  such  attendance.  This  rule  must  apply  to 
all  local  school  systems  except  where  the  Act  creating  them 
expressly  provides  that  pupils  residing  outside  the  city  limits 
may  be  permitted  to  attend  the  schools  of  the  local  system 
and  receive  the  benefits  of  the  State  school  fund." — March  8, 

1894. 

Note  3.    Use  of  surplus  in  hands  of  County  School  Com- 
m.issioner. 

"Resolved,  That  the  State  School  Commissioneer  is  author- 
ized to  require  County  Boards  of  Education  to  use  the  sur- 
plus of  schools  funds  remaining  in  the  hands  of  the  County 


Decisions  of  State  School  Commissioner.  79 

School  Commissioner  in  payment  of  the  accounts  set  out  in 
itemized  statements  rendered." 

April  12,  1894. 

(This  surphis  is  reported  in  "  Certificate  as  to  Balance  on 
hand  and  Balance  due"  in  itemized  Statement.) 

Note  4.     Common  school  subjects  required. 

"Where  a  pupil  studies  five  common  school  subjects,  in- 
cluding arithmetic,  grammar  and  history,  and  shall  have 
passed  an  examination  satisfactory  to  the  County  Board  of 
Education  upon  the  other  common  school  subjects,  that  pupil 
shall  be  counted  as  a  common  school  pupil.  At  the  same 
time  the  following'  of  the  graded  course  of  study  for  the 
common  schools  is  urged.'* 

March  2p,  i9o5. 

Note  5.     A  change  of  district  lines  makes  a  new  district. 

In  confirming  an  opinion  rendered  by  the  State  School 
Commissioner  in  re :  the  appeal  of  J.  W.  Brooks  et  al.  vs.  the 
Carroll  County  Board  of  Education  to  the  effect  that  Boards 
of  Education  have  the  right  to  change  the  lines  of  a  district 
at  any  time  after  the  expiration  of  one  year  from  the  time 
of  their  establishment,  the  State  Board  of  Education  added 
the  following: 

"The  State  Board  of  Education  is  also  of  the  opinion  that 
when  the  board  of  education  of  a  county  changes  the  district 
line,  a  new  district  is  thus  created  and  the  question  of  a  local 
tax  should  be  resubmitted  to  the  voters  of  the  district,  if  the 
local  tax  is  desired." 

March  10,  Igio. 


80  Compilation  of  Common   School  Laws. 

PART  XVI. 


EXTRACTS   FROM   OFFICIAL  OPINIONS   OF 
ATTORNEYS-GENERAL. 


Note   1.     County  Board  may  repudiate  contract  made  by 
fraud. 

I  would  say  that  a  Board  of  Education  can  certainly  repu- 
diate a  contract  made  by  fraud.  A  contract  so  obtained  is  not 
binding. — Extract  from  letter  of  Attorney-General  Wm.  A. 
Little,  May  I4,  i892. 

Note  2.     Diploma  of  State  Normal  School  valid  in  certain 
cases. 

May  9,  1902. 
Hon.  G.  R.  Glenn,  State  School  Commissioner,  Atlanta,  Ga. 

My  Dear  Sir: — I  am  in  receipt  of  the  letter  addressed 
to  you  by  Mr.  D.  O.  Phillips,  asking  if  his  diploma,  given 
by  the  Georgia  State  Normal  School,  was  still  valid  as  a 
license  to  teach  in  the  schools  of  this  State,  he  having  received 
the  same  in  1907. 

In  my  opinion  the  diploma  in  question  is  valid  as  such  a 
license  and  dispenses  with  the  necessity  of  an  examination 
as  now  prescribed  by  the  general  common  school  laws  of  the 
State.  The  Act  of  1899,  pages  51  and  52,  repealing  the  law 
making  such  diploma  equal  to  a  license  expressly  provides: 
"That  nothing  herein  contained  shall  be  construed  to  in- 
validate any  license  to  teach  in  the  schools  of  this  State  now 
held  by  any  person." 

See  Acts  of  1899,  pages  51  and  52. 

Very  truly  yours, 

BoYKiN  Wright, 
Attorney-General. 

Note  3.     Limit  of  time  in  using  school  fund. 

"The  appropriation  which  the  State  makes  yearly  is,  in 
a  sense,  a  contribution  by  the  people  of  the  State  to  assist 


Opinions  of  Attorney-General.  81 

in  the  education  of  the  children  thereof,  and  a  Hmitation  of 
time  and  age  is  placed  on  each  beneficiary.  I  recognize  that 
it  is  the  policy  of  the  law-makers  to  clothe  the  several  Boards 
of  Education  in  this  State  with  almost  supreme  power  in 
the  administration  of  the  public  school  fund  and  to  lodge 
with  the  Board  such  discretion  is  wise,  but  I  am  persuaded 
that  for  a  Board  to  exercise  the  discretion  to  the  extent  of 
using  money  appropriated  one  year  for  another,  would  run 
counter  to  the  legislative  scheme  and  would  be  an  abuse  of 
discretion." 

— Extract  from  letter  of  Attorney-General  John  C.  Hart, 
..  July  1,  1903. 

Note  4.  School  population  basis  for  apportionment  of  school 
funds  to  local  school  systems. 

I  therefore  advise,  irrespective  of  any  directions  to  the 
contrary  in  the  Act  creating  the  local  school  systems,  that 
you  adopt  the  rule  of  apportionment  between  the  local  sys- 
tem and  the  county,  using  as  a  basis  **the  proportion  which 
the  school  population  of  the  local  system  bears  to  the  school 
population  in  the  county."  To  illustrate,  where  the  State 
has  set  apart  $2,000  to  a  county  as  its  pro  rata  part  of  the 
public  school  fund,  and  the  county  has  in  it  school  popula- 
tion of  2,000  people,  and  within  the  county  is  a  local  system 
having  a  school  poulation  of  500,  the  pro  rata  of  money  in 
that  case  due  to  the  local  system  is  the  proportion  which  500 
bears  to  2,000. 
— Extract  from    letter  of    Attorney-General  John    C.    Hart, 

August  26,  1903. 

Note  5.  Marriage  does  not  incapacitate  women  to  teach  in 
public  schols  of  Georgia. 

"I  do  not  think  that  the  Board  of  Education  is  justified  in 
laying  down  the  arbitrary  rule  that  marriage  incapacitates 
a  woman  to  teach  school." 

"A  rule,  therefore,  adopted  by  a  Board  of  Education,  which 
fiixes  the  penalty  of  ineligibility  to  teach  as  a  consequence 
of  marriage,  is  arbitrary,  unjust  and  unreasonable.  The 
Board  may  not  have  transcended  the  strict  letter  of  the  law 
in  adopting  the  rule   in  question,  but  it   occurs  to  me  it  is 


82  Compilation  of  Common  School  Laws. 

violative  of  'public  policy.'  All  women,  whether  married  or 
single,  should  be  given  equal  opportunities  in  the  pursuit  of 
wealth  and  happiness." 

— Extract  from    letter  of    Attorney-General    John   C.    Hart, 
January  i5,  19 04. 

Note  6.     Agriculture  to  be  taught  in  all  common  or  public 
schools  of  the  State. 

'The  Act  requires  that  the  elementary  principles  of  agri- 
culture shall  be  taught  as  thoroughly  and  in  the  same  manner 
as  other  like  required  branches  are  studied  and  taught  in  the 
schools."  **  *  *  **  ** 

"It  is  my  opinion  that  the  Act  referred  to  clearly  requires 
that  the  elementary  principles  of  agriculture  shall  be  taught 
in  all  the  common  or  public  schools  in  the  State  of  Georgia, 
whether  under  your  supervision  or  not,  where  the  same  re- 
ceive aid  from  the  State." 
— Extract  from  letter  of  Attorney-General    John    €..    Hart, 

August  17,  1904. 

Note  7.    Relief  of  surety  on  county  school  commissioner's 
bond. 

The  application  of  the  surety  desiring  to  be  relieved  on 
the  County  School  Commissioner's  bond  should  be  addressed 
to  the  Governor,  stating  the  reasons  why  he  should  be  relieved 
and  should  be  sworn  to.  If  the  Governor  deems  the  reasons 
for  the  relief  of  the  surety  sufficient  "he  may  order  the  surety 
relieved  upon  the  condition  that  the  principal  re-executes  a 
valid  bond  satisfactory  to  the  County  Board  of  Education. 
— Extract  from  letter   of  Attorney-General   John     C.    Hart, 

September  14,  ipo5. 

Note  8.   School  officials  can  not  discount  claims  of  teachers. 

"In  reply  to  your  inquiry  this  day  submitted,  viz.,  whether 
a  county  school  commissioner  or  members  of  the  Boards  of 
Education  of  this  State  may  buy  up  at  a  discount,  or  in  any 
manner  speculate,  in  what  are  known  as  county  orders  or 
"scrip,"  or  contracts  which  are  to  be  paid  out  of  the  public 
funds  of  this  State;  I  beg  leave  to  say  I  think  such  officers 


Opinions  of  Attorney-General.  83 

are  public  officers  in  the  sense  that  it  is  made  a  misdemeanor 
for  them  to  purchase  such  order,  scrip  or  contract,  as  pre- 
vided  by  Section  277  of  the  Penal  Code." 
— Extract   from    letter    of  Attorney-General   John    C.    Hart 
November,  ipo5. 

Note  9.  Opinion  of  Attorney-General  on  Railroad  Taxes  in 
school  districts. 

''Hon.  William  A.  Wright,  Comptroller-General,  Atlanta,  Ga. 

"Dear  ^S'ir:  I  am  in  receipt  of  your  enquiry  of  even  date 
wherein  you  raise  the  question  whether  corporations  that 
have  made  returns  for  their  property  for  taxation  to  your 
office  may  be  required,  under  the  Act  approved  August  21, 
1906,  known  as  'An  Act  to  provide  for  the  creation  of  local 
tax  district  schools,'  to  incorporate  in  their  return  such  of 
their  property  as  may  be  within  the  boundaries  of  local  school 
districts. 

"The  purposes  of  this  amendment  is  to  cure  a  defect  in 
the  Act  approved  August  23,  1905,  relative  to  the  taxation 
of  railroad  property,  which  Act  was  declared  by  our  Supreme 
Court  in  the  case  of  Brown  et  al.  v.  the  Southern  Railway 
Company,  as  unconstitutional,  in  that  it  was  antagonistic  to 
Article  7,  Section  1,  paragraph  1  of  the  Constitution,  for 
the  reason  that  the  ad  valorem  tax  there  imposed  was  upon 
the  property  only  of  taxpayers  who  were  required  by  law  to 
make  return  of  their  property  to  the  county  tax  receiver,  and 
omitted  to  tax  the  property  of  another  class  of  taxpayer^, 
such  as  railroads,  who  are  required  to  make  returns  to  the 
Comptroller-General.  {See  Brown  et  al.  v.  Southern  Rail- 
way Company,  ]\Iarch  term,  1906.) 

"The  object  of  the  amendment  under  investigation  was  to 
cure  this  defect  and  make  specifically  subject  to  taxation  all 
property  lying  within  the  boundaries  of  the  school  district 
and  to  provide  machinery  for  the  collection  of  the  tax.  The 
following  language  is  found  in  Section  5  of  this  amendment, 
as  follows :  "It  is  hereby  made  the  duty  of  every  such  cor- 
poration in  this  State,  in  addition  to  the  facts  now  required  to 
be  shown  in  their  returns  to  the  Comptroller-General,  to  also 
show  in  said  returns  the  value  of  such  corporation's  property 


84  Compilation  of  Common   School  Laws. 

in  each  of  said  school  districts  through  which  it  runs,  and 
for  the  purpose  of  enabling  such  corporation  to  show  in  said 
returns  the  value  of  its  property  in  such  school  districts,  it 
is  hereby  made  the  duty  of  the  county  superintendent  of 
schools  in  each  county  to  furnish,  on  or  before  January  1, 
1907,  to  each  of  such  corporations,  information  as  to  the 
boundaries  of  each  school  district  in  which  such  corporation 
may  have  property,  such  as  will  enable  such  corporation  to 
determine  the  amount  of  its  property  in  such  district,  and 
he  shall  also  furnish  similar  information  whenever  the  boun- 
daries of  any  school  district  may  be  changed.' 

''This  language  leaves  no  room  for  construction.  The  Act 
was  passed  and  approved  August  21,  1906,  after  the  date 
required  by  law  for  the  return  of  railroad  property.  In  the 
absence  of  explicit  language,  a  tax  imposed  is  never  to  be 
retrospective  in  its  application.  The  courts  always  construe 
statutes  as  prospective  and  not  retrospective,  unless  con- 
strained to  the  contrary  course  by  the  rigor  of  the  phrase- 
ology. (First  Cooley  on  Taxation,  494-495.)  There  is  no 
language  in  this  Act  which  would  admit  of  the  construction 
that  the  Legislature  intended  that  it  should  apply  where 
returns  had  already  been  made,  but  on  the  contrary,  there 
is  this  express  provision,  that  this  detailed  information  was 
to  be  given  'on  or  before  January  1,  1907.'  It  was,  of  course, 
impossible  for  the  railroads  to  have  anticipated  the  action 
of  the  Legislature  in  making  their  returns,  and  having  made 
their  returns  in  conformity  with  existing  laws,  and  you,  as 
Comptroller-General  having  accepted  those  returns,  yourself 
not  being  able  to  anticipate  the  action  of  the  Legislature,  and 
the  returns  having  been  thus  made  and  thus  accepted  as 
satisfactory  to  you,  the  transaction  is  closed.  The  law,  how- 
ever, by  its  terms,  applies  to  future  returns  and  not  to  past 
returns.  It  is  prospective  and  not  retrospective.  It  is  the 
settled  .policy  of  the  Legislature  to  pass  its  tax  Acts  at  least 
a  year  preceding  the  year  for  which  the  tax  was  collectable. 
This  has  been  the  uniform  practice  and  there  is  nothing  in 
this  Act  which  would  authorize  a  departure  from  this  prac- 
tice, but  on  the  contrary,  an  express  provision  that  the  mode 


Opinions  of  Attorney-Gkneral.  85 

of  procedure  was  to  become  operative  *on  or  before  January 
1,  1907/ 

"I  am  therefore  of  the  opinion  the  late  amendment  pro- 
viding for  the  collection  of  taxes  out  of  corporations  who 
make  their  returns  to  your  office  for  taxation,  so  far  as  'dis- 
trict school'  taxes  go,  is  not  operative  until  January,  1907, 
but  where  counties  as  such  have  adopted  local  taxation  for 
public  schools,  the  law  is  as  to  such  counties  now  operative, 
and  such  corporations  are  liable  to  the  present  year  for  the 
tax  by  virtue  of  the  original  Act  independently  of  the  late 
amendment ;  the  original  Act  and  the  general  law  of  force 
affording  all  the  necessary  machinery  for  the  assessment, 
levy  and  collection  of  the  tax. 

"Yours  very  truly, 

"John  C.  Hart,  Attorney-General." 

September,  1906. 

Note  10.  Managers  of  local  tax  elections  to  be  paid  out  of 
school  fund  for  that  district. 

"I  am  not  advised  of  any  law  in  express  terms  authorizing 
the  payment  of  managers  for  holding  elections  by  county 
boards  of  education.  The  law  provides  for  holding  the  elec- 
tions. It  is  hardly  conceivable  that  managers  should  hold 
elections  without  compensation.  I  have  advised  that  when 
an  election  is  held  for  local  taxation  that  it  would  be  proper 
under  the  general  powers  conferred  upon  boards  of  education 
to  advance  the  cause  of  education  to  provide  for  the  payment 
of  managers  of  a  local  election  out  of  the  funds  apportioned 
to  that  district.  Unless  the  power  which  I  have  referred  to 
is  not  sufficiently  broad  to  authorize  the  payment  of  man- 
agers, then,  as  stated,  I  know  of  no  other  source  from  which 
they  could  be  paid. 

"I  think  therefore  that  it  is  proper  for  the  managers  to 
be  paid  out  of  the  funds  apportioned  to  that  ditsrict  holding 
the  election." 
— Extract  from  a  letter  of  Attorney-General  Hart,  June,  i9o8. 

Note   11.  Persons  over  eighteen  years  of  age  allowed  in 
schools  upon  payment  of  tuition. 
"Under  the  law,  as  I  interpret  it,  the  right  to  attend  the 


86  Compilation  of  Common   School  Laws. 

common  schools  of  this  State  without  the  payment  of  tuition 
is  restricted  to  boys  and  girls  between  the  ages  of  six  and 
eighteen,  but  I  do  not  understand  that  the  schools  are  closed 
to  persons  over  eighteen  who  are  willing  to  pay  tuition.  I 
read  nothing  in  the  law  which  denies  to  persons  who  have 
attained  the  age  of  eighteen  from  attending  the  common 
schools,  and  do  not  understand  that  it  is  the  policy  of  the 
law  to  render  ineligible  to  the  common  schools  of  this  State 
persons  of  that  age.  The  policy  of  the  law  is  to  encourage 
people  to  attend  school,  and  while  it  forbids  the  charge  for 
tuition  for  persons  between  the  ages  of  six  and  eighteen,  it 
has  not  closed  the  school-house  door  to  persons  over  that  age 
who  are  willing  to  pay  reasonable  tuition." 
— Extract  from  a  letter  of  Attorney-General  Hart,  July,  i9o8. 

Note  12.  Elections  for  local  tax  by  counties  or  by  districts 
can  not  be  repeated  oftener  than  every  twelve  months, 
but  a  district  election  may  be  held  sooner  when  the 
county  election  failed. 

"The  McMichael  Act  by  Section  3  thereof  providing  for 
an  election  at  the  instance  of  the  county  for  the  purpose  of 
supplementing  the  public  school  fund  by  levying  a  tax  upon 
the  property  of  the  county  provides  'an  election  for  the  same 
purpose  shall  not  be  held  oftener  than  twelve  months.'  That 
is  to  say  if  the  county  voting  as  such  fails  to  adopt  county 
taxation  that  no  election  should  be  held  for  that  purpose  until 
after  the  expiration  of  twelve  months.  The  McMichael  Act 
by  Section  4,  providing  for  a  local  tax,  that  is  to  say  a  district 
tax,  to  supplement  the  funds  received  from  the  State  for 
educational  purposes,  provides  'an  election  for  the  same  pur- 
pose shall  not  be  held  oftener  than  every  twelve  months.' 
That  is  to  say,  if  the  district  votes  against  the  adoption  of  a 
local  tax  no  other  election  can  be  held  by  it  as  a  district  until 
the  expiration  of  twelve  months. 

"There  is,  however,  in  the  Act  no  inhibition  where  a  county 
as  such  votes  for  local  tax  and  fails  that  a  district  within 
the  county  may  not  vote  thereon  within  twelve  months.  The 
•policy  as  expressed  in  the  McMichael  Act  is  to  advance  the 
cause  of  education  by  providing  for  taxation  either  by  county 


Opinions  of  Attorney-General.  87 

or  by  district  and  the  Act  should  be  construed  in  the  light  of 
its  clearly  defined  purpose.  I  am  therefore  of  the  opinion 
that  notwithstanding  a  county  having  voted  against  county 
taxation  that  a  district  desiring  to  vote  thereon  need  not 
wait  twelve  months  before  submiting  the  question  of  a  local 
tax  to  the  voters  of  the  local  district." 

— Extract  from  a  letter  of  Attorney-General  Hart,  Septem- 
ber, i9o8. 

Note  13.  Boundary  of  local  tax  district  may  be  changed  by 
Board  of  Education  after  the  tax  has  been  voted,  but 
to  do  so  destroys  the  existing  local  tax. 

"I  am  in  receipt  of  your  letter  of  the  11th  inst.,  containing 
a  request  that  I  answer  officially  the  inquiry:  'May  the 
Board  of  Education  of  a  county  change  the  boundary  of  a 
local  school  district  by  enlarging  the  local  tax  district  so  as 
to  make  subject  to  the  local  tax  the  territory  added  without 
the  citizens  thereof  voting  for  the  tax? 

**I  do  not  think  the  Board  of  Education  has  the  authority 
to  do  thi«.  Unquestionably  the  Board  of  Education  may 
change  the  boundary  of  school  districts,  either  for  the  purpose 
of  enlarging  or  decreasing  the  territory,  but  when  this  is 
done  the  question  of  local  tax  for  school  purposes  must  be 
resubmitted  to  the  citizens  of  the  district. 

**The  purpose  of  the  Mc^Ic^hael  Act,  under  which  these 
districts  are  laid  out  is  to  allow  counties  or  local  districts 
to  advance  the  cause  of  education  by  the  levy  of  a  county  or 
local  tax  to  supplement  the  money  received  from  the  State 
in  aid  of  public  schools.  The  right  to  levy  this  additional 
tax  is  left  to  the  citizens  of  the  county  or  district  to  be  settled 
bv  vote.  In  other  words  the  burden  of  additional  taxation  to 
support  the  schools  is  left  to  the  people  of  the  locality  who 
are  to  bear  the  tax.  The  Act  must  be  construed  in  the  light 
of  its  purpose  and  the  machinery  provided  for  its  accom- 
plishment. The  Act  authorizes  a  county  as  such  to  vote, 
a  municipality  or  a  rural  community  to  adopt  its  provisions, 
.but  only  by  a  vote  of  the  people.  In  no  other  way  could  a 
local  tax  be  imposed.  This  is  obliged  to  be  the  law,  or  else, 
if   it  be  conceded   that   new^   territorv   could   be   added   to   a 


88  Compilation  of  Common   School  Laws. 

district  which  voted  for  a  local  tax,  then  it  would  be  possible 
for  a  single  district  in  a  county  which  had  voted  for  the 
local  tax,  to  absorb  a  county  by  merely  enlarging  the  boun- 
dary of  a  local  school  district.  The  local  tax  could  thus  be 
imposed,  not  by  vote  of  the  people,  but  merely  by  the  Board 
of  Education  changing  the  district  line. 

"Again,  if  the  Board  of  Education  may  change  the  line 
by  enlarging  the  territory,  under  the  same  principle  they 
could  by  changing  the  line  decrease  the  territory  and  thus 
put  the  burden  of  taxation  upon  a  limited  few. 

"Again,  if  the  Board  of  Education  is  authorized  to  change 
the  boundary  of  a  local  district  so  as  to  add  to  it  new  terri- 
tary  where  a  local  tax  does  not  prevail,  it  may  likewise  change 
the  district  so  as  to  add  territory  from  a  local  district  to  one 
not  levying  a  tax  and  thus  defeat  the  wish  of  the  people  to 
bear  a  tax  for  this  purpose. 

"The  position  of  the  voter  at  the  time  he  votes  is,  with 
the  lines  as  thus  laid  out,  he  is  in  favor  of  a  local  tax  and 
so  votes ;  and,  therefore,  for  a  Board  of  Education  to  change 
the  line  thereafter,  either  by  enlarging  or  diminishing  the 
territory,  should  not  bind  the  voter  because  different  condi- 
tions would  prevail  by  reason  of  any  change  than  those  exist- 
ing at  the  time  of  his  ballot.  This  would  not  be  local  option — 
a  tax  self-imposed  by  the  voter — but  might  become  a  tax  in 
spite  of  this  objection.  This  would  be  neither  within  the 
letter  nor  the  spirit  of  the  McMichael  Act. 

"I  am  of  the  opinion,  therefore,  that  where  a  district  has 
voted  for  a  local  tax,  the  Board  of  Education  of  a  county 
has  no  authority  to  materially  change  the,  boundary  and 
continue. the  tax  without  first  submitting  the  question  to  the 
people  in  the  old  and  the  new  territory  to  be  effected  by  such 
change." 

— Extract  from  a  letter  of  Attorney-General  Hart,  January 
l2,  i^o9.  See  also  decision  of  State  Board  of  Educa- 
tion, in  appeal  from  Carroll  County,  Note  5,  page  96. 

Note  14.  Persons  may  not  hold  but  one  county  office  at  one 
time  but  may  hold  two  public  offices. 

"Replying  to  your  letter   requesting  my  opinion   whether 


Opinions  of  Attorney-General.  89 

a  judge  of  a  city  court  may  also  at  the  same  time  be  a  member 
of  the  county  board  of  education,  I  beg  to  advise : 

"He  would  be  eligible.  The  Section  of  the  Code  224,  Vol. 
I,  inhibits  a  person  holding  at  one  time  more  than  one  county 
office,  but  there  is  no  express  provision  of  law^  inhibiting  the 
holding  of  tv^o  public  offices  at  one  time,  assuming  that  the 
duties  are  not  incompatible.  It  does  not  occur  to  me  that 
there  could  possibly,  be  any  conflict  in  discharging  the  duties 
of  the  two  offices." 

— Extract  from  opinion    of    Attorney-General    Hart,    March 
16,  ipio. 

Election  Expenses. 

Under  the  Act  of  the  General  Assembly  approved  Decem- 
ber 17th,  1896  (Acts  1896,  p.  40)  the  expenses  of  an  election 
held  in  a  county  to  determine  whether  there  shall  be  local 
taxation  for  the  support  of  public  schools,  as  provided  for 
under  the  McMichael  Act,  should  be  paid  by  the  county  and 
should  not  be 'taken  from  the  common  school  fund  of  such 
county. 

Attorney-General  H.  A.  Hall,  January  4,  ipli. 


90  Compilation  of  Common   School  Laws. 


PART  XVII. 


EXTRACTS    FROM    DECISIONS    OF    SUPREME 
COURT. 


Note  1.     Bequest  for  board  of  education  includes  clothes. 

A  child,  to  be  educated,  has  to  be  clothed.  And  it  is  a  gen- 
eral principle  that  a  grant  of  the  end  is  a  grant  of  the  means. 
According  then  to  this  principle,  the  bequest  of  an  education 
to  the  children  was  a  bequest  to  them  of  their  clothes  during 
the  period  of  their  education.  (Georgia  Report,  Vol.  28, 
page  370.) 

Note  2.    Dismissal  by  local  trustees  for  cruel  treatment  of 
pupils. 

Where,  in  1876,  local  trustees  chosen  by  the  teacher  and 
his  patrons  (conformably  to  the  system  established  by  the 
County  Board  of  Education)  dismissed  the  teacher  for  cruel 
treatment  of  pupils,  and  thereupon  the  matter  was  brought 
by  the  teacher  before  the  Board,  who,  after  hearing  evidence 
on  both  sides,  approved  the  action  of  the  trustees,  and  passed 
an  order  not  revoking  his  license,  but  suspending  him  in- 
definitely as  a  teacher  at  that  particular  place ;  the  decision 
of  the  Board  was  upon  a  matter  of  "local  controversy  in 
reference  to  the  construction  or  administration  of  the  school 
law,"  and  not  being  appealed  from,  was  binding  upon  all 
parties. 

For  teaching  done  in  defiance  of  such  decision,  and  pend- 
ing a  possession  of  the  school-house  acquired  by  force,  no 
right  whatever  accrued  to  compensation  out  of  the  common 
school  fund.     (Georgia  Report,  Vol.  61,  page  413.) 

Note  3.  County  school  commissioner  may  be  compelled  by 
mandamus  to  audit  a  claim. 

If  this  teacher  was  wrongfully  treated  by  the  Commissioner 
in  the  refusal  to  audit  his  account  so  as  to  give  the  Board  of 


Decisions  of  Supreme  Court.  91 

Education  jurisdiction,  his  remedy  was  by  mandamus  to 
compel  this  ministerial  officer  to  do  his  duty,  if  it  was  his 
duty,  to  audit  it.     (Georgia  Report,  Vol.  67,  page  481.) 

Note  4.  Power  to  build  school  houses. 

Unless  there  is  something  in  the  charter  of  a  municipal 
corporation  which  forbids  the  building  of  school-houses,  the 
city  may  do  so.  This  is  within  the  scope  of  the  general 
powers  of  the  municipal  corporation,  and  is  not  prohibited 
by  the  Constitution  of  1877.  (Georgia  Report,  Vol.  73,  page 
686.) 

Note  5.  Right  of  certain  public  officers  to  make  defense. 

"That  a  public  oflficer  who  has  under  the  law  a  fixed  term 
of  office,  and  who  is  removable  only  for  definite  and  specific 
cases  can  not  be  removed  without  notice  and  a  hearing  on 
the  charge  or  charges  preferred  against  him,  with  an  oppor- 
tunity to  make  defense."  (Georgia  Report,  Vol.  103,  page 
458.) 

Note   6.   Methods   of  procedure   w^hen   two   persons   claim 
same  office. 

The  Supreme  Court  has  decided  that  whenever  two  persons 
are  claiming  the  same  office  as  member  of  the  County  Board 
of  Education,  and  both  persons  hold'  commissions,  "Such 
commissions  would  not  be  conclusive,  but  only  prima  facie 
evidence  of  their  right  to  hold  office.  The  officers  sought  to 
be  removed  *  *  *  *  could  compel  those  presenting  the 
new  commissions  to  institute  proper  proceedings  to  test  their 
legal  right  to  the  office.  ^loreover,  the  writ  of  injunction 
does  not  in  such  cases,  lie  against  an  executive  officer  of  the 
State."     (Georgia  Report,  Vol.  103,  page  462.) 

Note  7.    Discretion  in  continuing  or  discontinuing  schools. 

The  County  Board  of  Education  of  Richmond  county  has 
the  discretionary  power,  under  the  law,  of  establishing  or 
discontinuing  high  schools  at  such  points  in  the  county  as 
the  interest  and  convenience  of  the  people  may  require. 

Under  the  facts  of  this  case,  there  was  no  abuse  of  such 
discretion   by   the   County   Board   in   discontinuing   the   high 


92  Compilation  of  Common  School  Laws. 

school  established  for  the  colored  race,  although  it  left  in 
operation  a  similar  school  for  white  females  and  contributed 
to  the  support  of  the  high  school  for  white  boys  and  girls, 
which,  however,  it  had  not  established.  (Georgia  Report,  Vol. 
103,  page  641.) 

Note  8.  Refusal  to  comply  with  regulations. 

The  authorities  of  a  public  school  have  full  power  to  make 
it  a  part  of  the  school  course  to  write  compositions,  and 
enter  into  debates,  and  to  prescribe  that  all  pupils  shall  par- 
ticipate therein. 

Whether  a  particular  subject  given  by  such  authorities 
for  composition  or  debate  is  suited  to  the  age  and  advance- 
ment of  the  pupil,  is  a  question  for  determination  by  such 
authorities,  and  not  by  the  courts. 

Where  a  pupil  has  been  instructed  to  prepare  a  paper  on 
such  a  subject  does  not  do  so,  or  reads  a  paper  prepared  b> 
her  father,  and  containing  expressions  which  are  improper 
and  disrespectful  to  the  teacher,  the  offense  is  two-fold ;  and 
although  the  school  authorities  may  excuse  and  condone  the 
preparation  by  the  father  of  the  paper  actually  read,  and 
also  its  reading  by  the  pupil,  the  latter  may  still  be  punished 
for  her  failure  to  herself  prepare  in  compliance  with  instruc- 
tions. If  the  punishment  imposed  be  the  preparation  of  a 
paper  on  the  same  subject,  at  a  later  date,  and  the  pupil 
refuse  to  :f>repare  it,  such  pupil  may  be  disciplined  by  ex- 
pulsion, or  suspension,  or  other  proper  punishment.  (Geor- 
gia Report,  Vol  III,  page  801.) 


To  Enable  Boards  to  Borrow  Money.  93 


PART  XVIII. 


1910  SCHOOL  LEGISLATION. 


TO  ENABLE  COUNTY  BOARDS  OF  EDUCATION  TO 
BORROW  MONEY. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georgia  and  it  is  hereby  enacted  by  the  authority  of  the 
same,  That  from  and  after  the  passage  of  this  Act,  the 
County  Boards  of  Education  of  the  several  counties  of  this 
State  shall  have  the  power  and  authority  whenever  they 
deem  it  necessary,  to  borrow  a  sufficient  amount  of  money, 
and  no  more,  to  pay  the  salaries  of  the  teachers  in  the  pub- 
lic schools  of  their  counties ;  provided,  hoivevcr,  That  no 
Board  of  Education  shall  have  the  right  to  borrow  money 
to  pay  the  salaries  of  the  public  school  teachers  of  said 
county,  for  any  time  except  the  current  school  year  in 
which  it  is  so  borrowed.  Provided,  That  no  Board  of  Edu- 
cation shall  have  authority  under  this  Act  to  borrow  a  sum 
of  money  greater  in  the  aggregate  than  the  sum  to  which 
the  county  may  be  entitled  from  the  public  school  fund. 

Sec.  2.  Be  it  further  enacted  that  in  order  for  any  Board 
of  Education  to  borrow  money  for  the  purpose  hereinbefore 
stated  there  shall  be  passed  by  said  Board  a  resolution  author- 
izing said  money  to  be  borrowed  in  which  resolution  it  shall 
be  stated  the  amount  of  money  to  be  borrowed,  the  length 
of  time  the  same  is  to  be  used,  the  rate  of  interest  to  be  paid 
and  for  what  purpose  borrowed  and  from  whom  the  same 
is  to  be  borrowed,  which  resolution  shall  be  by  the  County 
School  Commissioner  recorded  on  the  minutes  of  the  meetings 
of  said  Board  of  Education. 

Sec.  3.  Be  it  further  enacted.  That  no  money  shall  be 
borrowed  for  any  longer  time  than  is  necessary  and  the  same 
shall  be  paid  back  out  of  any  funds  coming  into  the  hands 


94  Compilation  o^  Common   School  Laws. 

of  the  County  School  Commissioner  that  can  be  legally  ap- 
plied to  the  payment  of  the  same. 

Sec.  4.  Be  it  further  enacted,  That  said  Board  of  Edu- 
cation so  borrowing  money  shall  borrow  the  same  at  as  low 
a  rate  of  interest  as  possible  and  they  are  authorized  to  pay 
the  interest  on  said  money  out  of  the  public  school  fund  for 
said  county. 

Sec.  5.  Be  it  further  enacted,  That  at  the  spring  term 
of  the  Superior  Court  of  each  county  in  this  State  where 
money  has  been  borrowed  by  the  Board  of  Education  under 
the  provisions  of  this  Act,  the  County  School  Commissioner, 
shall  include  in  his  report  to  the  grand  jury  the  amount  of 
money  so  borrowed  during  the  preceding  year,  from  whom 
borrowed,  the  rate  of  interest  paid,  the  date  or  dates  the 
same  was  borrowed  and  when  paid  back. 

Sec.  6.  Be  it  further  enacted,  That  after  the  resolution 
aforesaid  has  been  passed  by  any  Board  of  Education  the 
President  of  the  Board  of  Education  together  with  the 
County  School  Commissioner  shall  have  the  right  to  exe- 
cute a  note  or  notes  in  the  name  of  the  Board  of  Educa- 
tion of  said  county  for  any  money  that  is  authorized  to  be 
borrowed,  under  the  resolution  passed  by  said  Board  of 
Education. 

Sec.  7.  Be  it  further  enacted,  That  when  any  money 
shall  be  borrowed  under  the  .provisions'  of  this  Act  the  same 
shall  be  paid  over  to  the  County  School  Commissioner  and 
become  a  part  of  the  public  school  fund  of  said  county  and 
the  same  shall  be  by  the  County  School  Commissioner  paid 
out  to  the  teachers  of  said  county  and  the  County  School 
Commissioner  shall  be  responsible  for  any  money  borrowed 
under  authority  of  this  Act  and  paid  into  his  hands  in  the 
same  way  and  to  the  same  extent  that  he  is  responsible  for 
any  other  public  school  funds  coming  into  his  hands. 

Sec.  8.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  July  15,  1910. 


Local  Tax  Election.  95 

TO   ALLOW   MUNICIPALITIES   TO   HOLD   LOCAL 
TAX  ELECTION. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georgia,  That  any  municipality  authorized  by  law  to  estab- 
lish and  maintain  a  system  of  public  schools  by. local  taxa- 
tion, in  whole  or  in  part,  and  which  is  not  now  specifically 
authorized  to  hold  an  election  on  the  question  of  local  tax- 
ation for  school  purposes  shall  have  the  right  to  submit 
the  question  of  local  tax  for  public  schools  to  the  qualified 
voters  of  the  municipality. 

Sec.  2.  Be  it  further  enacted.  That  upon  petition  of 
one-fourth  of  the  qualified  voters  of  such  municipality,  the 
municipal  authorities  shall  order  an  election  to  be  held  not 
earlier  than  twenty  days  and  not  later  than  forty  days  after 
receiving  such  petition.  Notice  of  such  election  shall  be 
published  in  a  newspaper  in  the  municipality  at  least  once 
a  week  for  two  weeks  before  the  election,  or,  if  there  be  no 
such  newspaper,  then  notice  of  such  election  shall  be  posted 
in  at  least  three  conspicuous  places  within  the  municipality 
ten  days  prior  to  the  election. 

Sec.  3.  Be  it  further  enacted.  That  those  favoring  local 
taxation  for  public  schools  shall  have  written  or  printed  on 
their  ballots  "For  local  taxation  for  public  schools,"  and 
those  opposed  shall  have  written  or  printed  on  their  ballots 
''Against  local  taxation  for  public  schools." 

Sec.  4.  Be  it  further  enacted.  That  the  returns  of  such 
election  shall  be  made,  and  the  result  declared,  as  prescribed 
for  other  elections  in  and  for  the  municipality.  Two-thirds 
of  those  voting  shall  be  necessary  to  carry  the  elections  for 
local  taxation.  An  election  for  the  purpose  herein  named 
shall  not  be  held  oftener  than  once  every  twelve  months. 

Sec.  5.  Be  it  further  enacted.  That  all  laws  in  conflict 
with  this  Act  are  hereby  repealed. 

Approved  August  13,  1910. 


96  Compilation  OF  Common   School  Laws. 

TO  ENABLE  COUNTY  BOARDS  OF  EDUCATION  TO 

FILL  UNEXPIRED  TERMS  OF  COUNTY 

SCHOOL  COMMISSIONER. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Georgia,  and  it  is  hereby  enacted  by  authority 
of  the  same-  that  Section  4  of  said  Act  be  amended  by  strik- 
ing from  Section  4  all  the  words  thereof  after  the  word 
"term"  in  the  seventh  line  and  substituting  the  words  ''and 
in  such  case  the  provisions  of  Section  2  hereof  shall  not 
apply,  so  that  said  Section  as  amended  will  read  as  follows: 
Section  4.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  in  case  of  a  vacancy  caused  by  death,  resignation,  re- 
moval from  office  or  from  any  cause  whatsover  in  the  office 
of  County  School  Commissioner  in  any  county  of  this  State, 
the  County  Board  of  Education  shall  elect  a  County  School 
Commissioner  for  the  unexpired  term,  and  in  such  case  the 
provisions  of  Section  2  hereof  shall  not  apply." 

Sec.  2.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  August  15,  1910. 


Person's  High  School  Tax  Amendment.  97 

PERSONS'  CONSTITUTIONAL  AMENDMENT  TO 
ALLOW   TAX   FOR   HIGH    SCHOOLS. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georgia  and  it  is  hereby  enacted  by  authority  of  the  same, 
That  Paragraph  2  of  Section  6,  Article  7  of  the  Constitu- 
tion of  this  State  be,  and  the  same  is  hereby  amended  by 
striking  from  said  Paragraph  2,  Section  6,  Article  7,  the 
following  words  "in  instructing  children  in  the  elementary 
branches  of  an  English  education  only."  So  that  when  said 
Paragraph  is  amended  it  will  read  as  follows:  "The  General 
Assembly  shall  not  have  power  to  delegate  to  any  county  the 
right  to  levy  a  tax  for  any  purpose,  except  for  educational 
purposes,  to  build  and  repair  the  public  buildings  and 
bridges ;  to  maintain  and  support  prisoners ;  to  pay  jurors 
and  coroners,  and  for  litigation,  quarantine,  roads  and  ex- 
penses of  court;  to  support  paupers  and  pay  debts  hereto- 
fore existing." 

Sec.  2.  Be  it  further  enacted,  that  whenever  the  above 
proposed  amendment  to  the  Constitution  shall  be  agreed  to 
by  two-thirds  of  the  members  elected  to  each  of  the  two 
Houses  of  the  General  Assembly  and  the  same  has  been 
entered  on  their  Journals  with  the  ayes  and  nays  taken 
thereon,  the  Governor  shall  cause  said  amendment  to  be  pub- 
lished in  at  least  two  newspapers  in  each  Congressional  Dis- 
trict in  this  State  for  the  period  of  two  months  next  pre- 
ceding the  time  of  holding  the  next  general  election. 

Sec.  3.  Be  it  further  enacted.  That  the  above  proposed 
amendment  shall  be  submitted  for  ratification  or  rejection 
to  the  electors  of  this  State  at  the  next  general  election  to 
be  held  after  publication,  as  provided  in  the  second  Section 
of  this  Act  in  the  several  election  districts  of  this  State,  at 
which  election  every  person  shall  be  qualified  to  vote  who 
is  entitled  to  vote  for  members  of  the  General  Assembly. 
All  persons  voting  at  said  election  in  favor  of  adopting  the 
proposed  amendment  to  the  Constitution  shall  have  written 
or  printed  on  their    ballots    the    words:     "For    amendment 


98  Compilation  o^  Common  School  Laws. 

of  Paragraph  2,  Section  6,  Article  7,  permitting  counties 
to  levy  taxes  for  educational  purposes,"  and  all  persons 
opposed  to  the  adoption  of  said  amendment  shall  have  writ- 
ten or  printed  on  their  ballots  the  words  "Opposed  to  amend- 
ment of  Paragraph  2,  Section  6,  Article  7,  permitting  coun- 
ties to  levy  taxes  for  educational  purposes." 

Sec.  4.  Be  it  enacted,  That  the  Governor  be  and  he  is 
hereby  authorized  and  directed  to  provide  for  the  submis- 
sion of  the  amendment  proposed  in  this  Act  to  a  vote  of 
the  people,  as  required  by  the  Constitution  of  this  State  in 
Paragraph  1  of  Section  1  of  Article  13,  and  if  ratified  the 
Governor  shall,  when  he  ascertains  such  ratification  from 
the  Secretary  of  State  to  whom  the  returns  shall  be  referred, 
in  the  manner  as  in  cases  of  elections  of  members  of  the 
General  Assembly,  to  count  and  ascertain  the  result,  issue 
his  proclamation  for  one  insertion  in  one  of  the  daily  papers 
in  this  State,  announcing  such  results  and  declaring  the 
amendment  ratified. 

Sfcc.  5.  Be  it  further  enacted.  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  August  4,  1910. 


Tax  Districts  Across  County  Lines.  99 

TO  ALLOW  LOCAL  TAX  DISTRICTS  LAID  OFF 
ACROSS  COUNTY  LINES. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Georgia,  and  it  is  hereby  enacted  by  the  author- 
ity of  the  same,  That  the  Act  approved  August  21,  1906, 
entitled,  "An  Act  to  amend  an  Act  entitled,  'An  Act  to 
provide  for  the  creation  and  operation  of  local  tax  district 
schools,  and  for  levying  and  collection  of  local  tax  by  dis- 
tricts of  counties  for  educational  purposes,  for  the  laying 
off  of  counties  in  school  districts,  and  for  other  purposes," 
approved  August  23,  1905,  so  as  to  provide  for  amending 
the  caption,  to  provide  a  proper  enforcement  of  the  bill 
and  for  the  laying  off  of  counties  into  districts  of  reason- 
able size,  for  the  election  of  district  trustees,  whether  local 
tax  is  levied  and  collected  or  not,  to  provide  a  correct 
method  of  assessing  and  collecting  the  taxes  in  local  dis- 
tricts, and  for  other  purposes,"  be  and  the  same  is  hereby 
amended  by  adding  after  the  word  "so"  near  the  middle  of 
the  17th  line  of  Section  1,  of  said  Act  as  amended  as  it 
appears  in  the  published  Acts  of  1906,  on  page  66  of  said 
published  Acts,  the  following  words,  to- wit:  "By  concurrent 
consent  and  action.  Boards  of  Education  of  two  or  more 
adjoining  counties  may  lay  off  and  define  school  districts 
without  regard  to  county  lines;  provided,  That  the  Board  of 
Education  of  the  county  in  which  the  school-house  is  located 
shall  have  supervision  of  same;  and  provided,  That  the  Ordi- 
nary of  the  county  in  which  the  school-house  is  located  shall 
order  the  election;  and  provided.  That  the  tax  collector  of 
each  county  from  which  territory  has  been  cut,  shall  collect 
the  school  tax  levied  by  the  trustees  of  the  school  districts 
thus  formed  in  the  territory  cut  from  his  county,  and  shall 
pay  the  same  when  collected  to  the  authorized  officer  of 
said  board,"  so  that .  said  Section  of  said  Act  shall,  when 
amended,  read  as  follows:  "Section  1.  Be  it  enacted  by 
the  General  Assembly  of  Georgia,  and  it  is  hereby  enacted 
by  authority  of  the  same,  That  within  thirty  days  after  the 


100  Compilation  of  Common  School  Laws. 

passage  of  this  Act,  or  as  soon  thereafter  as  practicable,  it 
shall  be  the  duty  of  the  County  Board  of  Education  of  each 
county  in  Georgia,  to    lay    off    the    county    into    school    dis- 
tricts, the  lines  of  which  shall  be  clearly  and  positively  de- 
fined by  boundaries,  such  as  creeks,  public  roads,  land  lines, 
district  lines    or    county    lines.      The    school    districts    thus 
marked   out  shall  contain  an   area  of  not  less  than   sixteen 
square  miles,  and  where  practicable,   shall  be  so  shaped  as 
to  have  the  school  buildings  as  near  the  center  as  possible, 
and  no  territory  shall    be    included    whose    occupants    reside 
further  than  three  miles  from  the  school-house  without  writ- 
ten petition  of    two-thirds    of    the    qualified    voters    therein; 
provided,  That  the  board  of  education  may  have  the  right  to 
establish  districts  with  areas  less   than   sixteen   square  miles 
where  there  are  natural  causes  or  local  conditions  that  make 
it   necessary   to   do   so.      By   concurrent   consent   and   action, 
boards  of  education  of  two  or  more  adjoining  counties  may 
lay  off  and  define  school  districts  without  regard  to  county 
lines;  provided,  That  the  Board  of  Education  of  the  county 
in  which  the  school-house  is  located  shall  have   supervision 
of  same;  and  provided,  That  the  Ordinary  of  the  county  in 
which  the   school-house   is   located   shall   order   the   election; 
and  provided,  That  the  tax  collector   of  each  county   from 
which   territory   has    been   cut,    shall   collect   the    school    tax 
levied  by  the  trustees  of  the  school  district  thus  formed  in 
the  territory   cut   from  his   county,   and   shall  pay   the   same 
when  collected  to  the  authorized  officer  of  said  board.     The 
natural  causes  which  will  permit  the  creation  of  smaller  dis- 
tricts  are    mountains,    streams    over    which    there    are    no 
bridges,  and  dangerous  roads.     Local  conditions  which  will 
permit   the   creation   of   small   districts   must   be   determined 
by  the    Board    of    Education.      *ln    counties    having    incor- 
porated towns,  now  levying  a  local  tax  for  educational  pur- 
poses and    operating    a    public    school    system    under    their 
town  charter  or  special  Act  of  the    Legislature,    the    county 
Board  of  Education,  with  the  consent  of  the  municipal  au- 
thorities, may  create  a  school  district  larger  than  the  incor- 
porated limits  of  the  town  by  adding  adjacent  territory  not 
already    included    in    the    incorporated    limits,    and   the    dis- 


Tax  Districts  Across  County  J^ines...^.^  -M^t  . 

trict  thus  marked  out  shall  become    a    school    district    upon 
the  vote  of  the    people    as    hereinafter    provided,    but    such 
school  district,  including  incorporated  towns,  having  a  popu- 
lation of  four  thousand  or  more,  shall  be  and  remain  under 
the  exclusive  supervision  and  direction  of  the  school  boards 
of  the  previously   chartered  schools   in   said  class  of  incor- 
porated towns  and  not  under   supervision   of    County   Board 
of  Education,  and  the  school  boards  of  such  chartered  schools 
in  incorporated  towns  shall  be  trustees  of  said  school  district 
under  this  Act;  provided,  further,  That  if  there  be  located 
in  such   school   districts  a  chartered  school .  controlled  by  a 
board  of  stockholders  or  by  directors  elected  by  them,  the 
management  and  control  of  said  chartered  school  shall  re- 
main in  them,  and  they  shall  have  all  the  rights  and  privileges 
of  this  Act  to  collect  local  taxes  as  hereinafter  provided  in 
this  Act,  and  to  receive  their  share  of  the  State  public  school 
fund.     A  map  of  the  county  thus  laid  off,  plainly  outlining 
the  boundaries  of  the    school    district    with    full    description 
thereof,  shall  be  filed  with  the  Ordinary  within   forty  days 
after  the  passage  of  this  Act  or  as  soon  thereafter  as  practi- 
cable, and  the  boundaries  of  said  school  districts  shall  not  be 
altered  any  oftener  than  two  years.     The  County  Board  of 
Education,  in  laying  oflF  the  county,  shall  disregard  any  school 
districts    embracing    territory    not    included    in    incorporated 
towns  heretofore  created  by  special  Act  of  the  Legislature. 
The  failure  of  any  County  Board  of  Education  to  comply  with 
the  requirements  of  this  Section  within  six  months  after  the 
passage  of  this  bill  shall  operate  to  annul  their  commissions, 
and  vacancies  thus  created  shall  be  filled  as  the  law  requires 
such  vacancies  to  be  filled." 

Sec.  2. — Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be, 
and  the  same  are,  hereby  repealed. 

Approved  August  15,  1910. 


^    1^3-';.>o'CpMj>i?;;^ti6N  OF  Common  School  Laws. 
1911  SCHOOL  LEGISLATION. 


AN  ACT  TO  REVISE  THE  SCHOOL  LAWS  OF 
GEORGIA. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Georgia,  and  it  is  hereby  enacted  by  the  authority 
of  the  same,  That  there  shall  be  a  State  Board  of  Education 
composed  of  six  members,  as  follows :  The  Governor,  the 
State  Superintendent  of  Schools,  and  four  other  persons,  who 
shall  be  appointed  by  the  Governor  of  the  State,  two  for  two 
years  and  two  for  four  years,  their  terms  of  office  thereafter 
to  be  for  four  years  each,  or  until  their  successors  are  ap- 
pointed and  qualified.  At  least  three  of  said  appointees  shall 
be  men  of  practical  experience  in  teaching  schools  and  of  high 
standing  in  educational  work,  having  at  least  three  years  prac- 
tical experience  as  a  teacher  in  the  schools  of  Georgia, 
and  being  thoroughly  conversant  with  the  operation  of  rural 
schools.  Should  a  vacancy  occur  at  any  time  in  said  Board 
it  shall  be  filled  by  the  Governor ;  provided,  That  the  nomina- 
tion of  the  Governor  for  membership  on  the  State  Board  of 
Education  shall  be  subject  to  confirmation  by  the  Senate; 
and  provided  further,  That  an  appointment  made  when  the 
Senate  is  not  in  session  shall  be  effective  until  the  Legislature 
convenes  and  acts  on  the  appointment.  No  person  who  is 
now  or  has  been  connected  with  or  employed  by  a  school- 
book  publishing  concern  shall  be  eligible  to  membership  on 
said  State  Board  of  Education,  and  if  any  person  shall  be- 
come so  connected  or  employed  after  becoming  a  member  of 
said  Board  his  place  on  said  Board  shall  become  vacant. 

Sec.  2.  The  said  Board  of  Education  shall  take  oaths 
of  office  and  enter  upon  the  discharge  of  their  duties  imme- 
diately after  their  appointment.  They  shall  meet  in  the 
office  of  the  State  Superintendent  of  Schools.  The  Governor 
shall  preside  over  their  body  as  Chairman  of  the  Board  when 
it  is  practicable  for  him  to  be  present;  but  when  he  can  not 
be  present,  they  shall  select  their  Chairman  and  proceed  with 


1911  School  Law.  103 

their  business  whenever  a  majority  of  the  Board  is  present. 
The  Board  shall  meet  at  least  quarterly  in  regular  session 
and  at  any  other  time  when  an  emergency  arises,  and  they 
shall  be  called  together  by  the  Governor  of  the  State  or  State 
School  Superintendent.  The  four  appointees  shall  receive 
as  compensation  for  their  services  $250.00  per  annum  each, 
which  shall  be  paid  out  of  the  State  Treasury  on  the  warrant 
of  the  Governor  and  be  allowed  their  actual  traveling  ex- 
penses in  going  and  returning  to  their  homes,  upon  submit- 
ting a  sworn  itemized  statement,  accompanied  by  proper 
vouchers  and  not  otherwise.  The  total  expenses  for  the 
four  appointees  shall  not  exceed  $100. 

Sec.  3.  The  State  Board  of  Education  shall  provide  rules 
and  regulations  for  the  supervision  of  all  schools  in  the 
State.  They  shall  provide  the  course  of  study  for  all  com- 
mon and  high  schools  of  the  State  receiving  State  aid.  They 
shall  select  and  make  out  a  list  of  text-books  to  be  taught  in 
said  schools,  which  can  be  changed  only  every  five  years; 
unless  the  peculiar  conditions  of  any  county  or  community 
demand  certain  changes,  in  which  case,  the  County  Board, 
together  with  the  County  Superintendent,  shall  make  appli- 
cation to  the  State  Board  suggesting  such  changes  and  give 
their  reasons  therefor,  whereupon  if  the  said  Board  sees 
proper,  their  request  shall  be  granted.  Provided,  This  clause 
shall  in  no  way  affect  the  present  State  adoption  of  books. 
This  Board  of  Education  shall  be  the  final  court  of  appeal 
to  hear  and  decide  all  matters  which  have  been  appealed  from 
the  State  Superintendent  of  Schools.  They  shall  determine 
the  necessary  office  force  of  the  State  Superintendent  of 
Schools,  and  shall  fix  the  compensation  of  the  same.  Not 
however,  to  exceed  $1,800.00  per  annum  more  than  at  pres- 
ent paid. 

Sec.  4.  Each  county  in  the  State  shall  constitute  a  school 
district  and  the  public  school  funds  shall  be  apportioned 
among  the  several  districts  by  the  State  Board  of  Education 
as  now  provided  by  law.  They  shall  also  provide  for  normal 
instruction  of  teachers  in  each  of  the  districts,  either  by 
institutes  or  otherwise.  They  shall  have  power  to  compel 
the  attendance  of  teachers  upon  such  normals  and  institutes, 


104  Compilation  of  Common  School  Laws. 

to  provide  penalties  for  non-attendance,  to  provide  for  the 
examination  of  the  teachers  of  said  State,  and  to  grant 
licenses  to  those  that  are  qualified  who  desire  a  State  or 
special  license. 

Sec.  5.  Be  it  further  enacted,  That  in  the  place  of  the 
State  School  Commissioner  the  office  of  State  Superintend- 
ent of  Schools  is  substituted ;  provided,  That  the  person  now 
holding  the  office  of  State  School  Commissioner  shall  serve 
as  State  Superintendent  of  Schools  during  the  remainder 
of  the  term  for  which  he  was  elected,  and  exercise  all  of 
the  duties  now  exercised  by  such  official,  in  addition  to  pow- 
ers herein  granted.  The  term  of  office  shall  be  for  two 
years  and  until  his  successor  is  elected  and  qualified.  He 
shall  be  elected  as  the  present  State  School  Commissioner 
is  elected  and  exercises  the  same  powers,  except  as  herein- 
after may  be  changed  or  altered. 

Sec.  6.  Be  it  further  enacted,  That  upon  entering  the 
discharge  of  his  official  duties,  the  State  Superintendent  of 
Schools  shall  give  bond  in  the  penal  sum  of  Ten  Thousand 
($10,000)  Dollars  to  the  State  of  Georgia,  with  some  ap- 
proved surety  company  which  shall  be  acceptable  to  the  Sec- 
retary of  State,  conditioned  that  he  will  truly  account  for 
and  apply  all  money  or  other  property  which  may  come  into 
his  hands  in  his  official  capacity  for  the  use  and  benefit  of 
the  purpose  for  which  it  is  intended,  and  that  he  will  faith- 
fully perform  the  duties  enjoined  upon  him  by  law.  He 
shall  take  and  subscribe  an  oath  to  diligently  and  faith- 
fully discharge  the  duties  of  his  office.  The  bond  with  cer- 
fied  endorsement  thereon,  shall  be  filed  with  the  Secretary 
of  State,  the  premium  charged  for  said  bond  shall  be  paid 
out  of  the  treasury  of  the  State. 

Sec.  7.  In  addition  to  the  powers  hereinbefore  given, 
the  said  State  Superintendent  of  Schools  shall  be  the  Secre- 
tary and  Executive  Agent  of  the  State  Board  of  Education, 
for  which  services  he  shall  receive  One  Thousand  ($1,000) 
Dollars. 

Sec.  8.  Be  it  further  enacted.  That  to  render  a  person 
eligible  to  hold  the  office  of  State  Superintendent  of  Schools 
he  shall  be  a  man  of  good  moral  character,  of  high  educa- 


1911  School  Law.  105 

tional  standing,  have  had  at  least  three  years'  practical  expe- 
rience as  a  teacher,  or  in  lieu  thereof  shall  have  a  diploma 
from  a  reputable  college  or  normal  school,  or  shall  have  had 
five  years'  experience  in  the  actual  supervision  of  schools, 
and  be  at  least  thirty  years  of  age. 

Sec.  9.  The  State  Superintendent  of  Schools  shall  carry 
out  and  enforce  all  the  rules  and  regulations  of  the  State 
Board  of  Education  and  the  laws  governing  the  schools  of 
the  State  receiving  State  aid,  he  shall  from  time  to  time 
make  such  recommendations  to  the  State  Board  as  may  affect 
the  welfare  and  efficiency  of  the  public  schools  throughout 
the  State ;  he  shall  have  authority  to  suspend  a  County  Super- 
intendent of  Schools  for  incompetency,  willful  neglect  of 
duty,  misconduct,  immorality  or  the  commission  of  crime 
involving  moral  turpitude;  providing,  of  course,  That  all  of 
his  acts  in  this  matter  shall  be  subject  to  the  approval  of  the 
State  Board  of  Education  and  the  party  so  suspended  may 
appeal  his  case  to  the  State  Board,  whose  decision  shall  be 
final.  The  State  Superintendent  of  Schools  shall  have  power, 
with  the  consent  and  approval  of  the  State  Board  of  Educa- 
tion to  appoint  three  State  School  Supervisors,  whose  pro- 
fessional qualifications  shall  be  the  same  as  State  Super- 
intendent's who  shall  act  under  the  direction  of  the  State 
Superintendent  of  Schools  and  fill  the  place  of  the  experts 
provided  for  in  the  Acts  of  1891,  which  were  amended  in 
1892  and  1893.  The  salaries  paid  these  Supervisors  shall 
be  fixed  by  th^  State  Board  of  Education  and  shall  not  exceed 
Two  Thousand  Dollars  each  per  annum,  together  with  neces- 
sary traveling  expenses ;  provided,  The  same  shall  not  exceed 
$2,000  dollars.  The  Supervisors  shall  keep  itemized  state- 
ments of  their  expenses,  which  shall  be  sworn  to  monthly 
and  approved  by  the  State  Superintendent  of  Schools  and 
be  paid  out  of  the  State  Treasury.  It  shall  be  especially  the 
duty  of  these  Supervisors  to  act  as  instructors  of  institutes 
to  give  State  normal  instruction  and  training  as  the  State 
Superintendent  may  direct  in  each  county;  to  grade  the 
papers  of  applicants  for  professional  certificates  or  State 
licenses  and  to  aid  generally  in  supervising,  systematizing 
and  improving  the  schools  of  the  State  under  the  direction 
of  the  State  Superintendent  of  Schools. 


106  Compilation  of  Common  School  Laws. 

Sec.  10.  The  State  Superintendent  of  Schools  with  the 
advice  and  approval  of  the  State  Board  of  Education,  shall 
appoint  one  person  who  shall  be  a  competent  and  experienced 
bookkeeper  and  accountant  at  a  salary  of  Two  Thousand 
Dollars  per  annum,  together  with  his  actual  traveling  ex- 
penses, whose  duty  it  shall  be  to  thoroughly  audit  and  check 
the  books  and  accounts  of  County  Superintendents  and  the 
Treasurers  of  local  school  systems,  of  municipal  systems,  of 
the  State  University  and  all  its  branches,  including  the  Dis- 
trict Agricultural  Schools,  the  State  College  of  Agriculture, 
Technological  Schools  and  all  other  schools  receiving  State 
aid  and  make  regular  annual  reports  to  the  State  School 
Superintendent  showing  the  amount  received,  for  what  pur- 
poses received,  and  for  what  purposes  expended.  All  such 
funds  held  by  officials  must  be  kept  in  banks  separate  from 
their  individual  bank  accounts.  He  shall  be  allowed  his 
traveling  expenses  from  itemized  statements  sworn  to,  as  the 
Supervisors  are  allowed  theirs  in  the  foregoing  section,  pro- 
vided the  total  expenses  shall  not  be  more  than  $1,000  per 
annum. 

Sec.  11.  It  shall  be  the  duty  of  the  State  Superintendent 
of  Schools,  in  addition  to  the  powers  already  granted,  that  in 
the  event  of  a  misapplication  of  any  of  the  funds  apportioned 
to  any  of  the  institutions  of  learning  or  schools  receiving 
State  aid  he  shall  at  once  proceed  to  recover  the  same  by  the 
institution  of  proper  procedure  in  the  courts  of  competent 
jurisdiction  after  demand  is  made  upon  the  party  misapply- 
ing the  funds  to  settle  same.  Should  it  become  necessary  to 
procure  additional  legal  services  other  than  that  of  the  Attor- 
ney-General, the  Governor  is  authorized  to  procure  special  or 
local  counsel  and  arrange  to  pay  for  the  recovery  of  said 
funds,  such  fee  out  of  the  funds  collected  as  is  usual  and 
customary  in  the  locality  where  the  suit  is  instituted. 

Sec.  12.  Be  it  further  enacted.  That  the  office  of  County 
Superintendent  of  Education  shall  be  substituted  for  the 
office  of  County  School  Commissioner;  provided,  That  the 
persons  now  holding  the  office  of  County  School  Commis- 
sioner shall  continue  to  serve  as  County  Superintendent  of 
Schools   during  the   remainder   of  the  term    for   which   they 


1911  School  Law.  107 

were  elected  respectively.  In  the  regular  election  for  State- 
house  officers  prior  to  the  expiration  of  the  present  term  of 
office  of  the  County  School  Commissioner,  there  shall  be 
elected  by  the  qualified  voters  of  each  county  in  this  State 
a  County  Superintendent  of  Schools,  whose  term  of  office 
shall  be  for  four  years;  and  every  four  years  thereafter  there 
shall  be  an  election  for  the  purpose  of  filling  such  office. 
The  duties  of  the  County  Superintendent  of  Schools  shall  be 
the  same  as  those  of  the  County  School  Commissioner,  except 
as  hereinafter  changed.  It  shall  be  his  duty  to  enforce  all 
regulations,  rules,  and  instructions  of  the  State  Superin- 
tendent of  Schools  and  of  the  County  Board  of  Education 
according  to  the  laws  of  the  State  and  the  rules  and  regula- 
tions made  by  the  said  State  Board  of  Education  that  are 
not  in  conflict  with  the  State  laws ;  and  he  shall,  together  with 
the  State  Supervisors  hereinbefore  provided  for,  superintend 
the  county  normals  and  institutes  for  the  teachers  of  his 
county,  and  shall  visit  every  school,  both  white  and  colored, 
within  his  school  district  which  receives  State  aid,  at  least 
once  every  sixty  (60)  days  and  famiHarize  himself  with 
the  studies  taught  in  said  schools,  see  what  advancement  is 
being  made  by  the  pupils,  advise  with  the  teachers  and  other- 
wise aid  and  assist  in  the  advancement  of  education. 

Sec.  13.  He  shall  superintend  examinations  of  all  teach- 
ers of  his  county  as  provided  by  law.  He  shall  hereafter 
suspend  any  teacher  under  his  supervision  for  a  non-per- 
formance of  duty,  incompetency,  immorality  or  inefficiency, 
and  for  other  good  and  sufficient  cause,  from  which  decision 
the  teacher  may  appeal  to  the  County  Board  of  Education, 
and  either  being  dissatisfied  with  their  decision,  they  can 
appeal  to  the  State  Superintendent  or  from  there  to  the 
State  Board  of  Education,  the  decision  of  which  shall  be 
final. 

Sec.  14.  Before  any  person  shall  be  qualified  or  eligible 
to  the  office  of  County  Superintendent  of  Schools,  he  shall 
have  had  at  least  three  years'  practical  experience  in  teaching, 
one  year  of  which  shall  have  been  in  the  schools  of  Georgia, 
hold  a  first  grade  license,  or  in  lieu  thereof  shall  have  a 
diploma  from  a  reputable  college  or  normal  school,  or  shall 


108  Compilation  of  Common  School  Laws. 

have  had  five  years'  experience  in  the  actual  supervision  of 
schools,  or  stand  an  approved  examination  before  the  State 
Board  as  to  his  qualifications,  and  be  a  resident  of  the  county 
in  which  he  offers  for  election,  be  a  person  of  good  moral 
character,  never  convicted  of  any  crime  involving  moral  tur- 
pitude. The  County  Superintendent  shall  perform  all  the 
clerical  duties  which  are  now  required  of  the  County  School 
Commissioner. 

Sec.  15.  Be  it  further  enacted,  that  each  County  School 
Superintendent  within  the  State  of  Georgia  shall  receive  a 
minimum  salary  of  $450.00  per  annum,  and  an  annual  allow- 
ance of  $150.00  for  the  purpose  of  defraying  the  expenses  of 
visiting  the  schools  within  his  county  at  least  every  sixty 
(60)  days,  or  a  total  of  $600.00,  which  salary  shall  be  paid 
out  of  the  school  funds  of  Georgia  monthly;  and  in  addition 
thereto,  the  county  Board  of  Education  shall  allow  such 
additional  compensation  for  the  services  to  be  rendered  as 
may  be  in  their  judgment  proper  and  just. 

Sec.  16.  Be  it  further  enacted.  That  the  County  Board 
of  Education  shall  consist  of  five  (5)  members  as  now  pro- 
vided by  law  and  selected  by  the  grand  jury  as  now  pro- 
vided by  law,  except  that  the  grand  jury  in  selecting  such 
members  shall  not  select  one  of  their  own  number  then  in 
session,  nor  shall  they  select  any  two  of  those  selected  from 
the  same  militia  district  or  locality,  nor  shall  they  select 
any  person  who  resides  within  the  limits  of  a  local  school 
system  operated  independent  of  the  County  Board  of  Edu- 
cation, but  shall  apportion  members  of  the  Board  as  far  as 
practicable  over  the  county ;  they  shall  select  men  of  good 
moral  character,  who  shall  have  at  least  a  fair  knowledge  of 
the  elementary  branches  of  an  English  education  and  be 
favorable  to  the  common  school  system. 

Sec.  17.  Be  it  further  enacted.  That  the  County  Board 
of  Education  shall  have  and  exercise  all  the  powers  that  are 
now  exercised  by  the  County  Board  of  Education  except  as 
may  be  herein  changed ;  provided,  That  the  County  Superin- 
tendent of  Schools  and  County  Board  of  Education  shall  make 
rules  to  govern  the  county  schools  of  their  respective  counties ; 
upon  being  called  together  by  some  one  of  their  number  after 


1911  School  Law.  10^ 

their  selection,  they  shall  organize  by  selecting  a  chairman. 
The  County  Superintendent  shall  act  as  Secretary  of  the 
Board,  and  keep  the  minutes  of  their  meetings  and  make  a 
permanent  record  of  the  same  and  do  any  other  clerical  work 
that  they  may  direct  him  to  do.  Said  board  may  suspend 
the  County  Superintendent  same  as  State  Superintendent, 
and  may  suspend  teachers  same  as  County  Superintendent. 
In  each  case  there  may  be  an  appeal  to  State  Board. 

Sec.  18.  Be^it  further  enacted,  That  after  the  passage 
of  this  Act,  the  Board  of  Education  of  any  county  shall  have 
the  right  if,  in  their  opinion,  the  welfare  of  the  schools  of 
the  county  and  the  best  interests  of  the  pupils  require,  to 
consolidate  two  or  more  schools  located  in  the  same  or  differ- 
ent districts  into  one  school,  to  be  located  by  said  Board  at 
a  place  convenient  to  the  pupils  attending  the  same,  said 
school-house  to  be  located  as  near  the  center  of  the  district  or 
districts  involved  as  -practicable.  Whenever  two  or  more 
schools  are  consolidated  as  hereinafter  provided,  the  County 
Superintendent  shall  call  an  election  of  trustees  for  said  con- 
solidated schools  from  the  district  or  districts  concerned; 
said  election  shall  be  held  in  accordance  with  the  provisions 
of  existing  law,  and  the  result  determined  and  declared  by 
the  Board  of  Education.  The  County  Board  of  Education 
shall  have  the  further  power,  when  the  best  interests  of 
schools  demand,  to  separate  or  divide  any  school  district  into 
two  or  more  school  districts  and  to  provide  for  the  election 
of  a  Board  of  Trustees  for  each  of  said  districts,  and  to  do 
all  other  things  for  the  government  and  control  of  said  dis- 
tricts as  is  herein  provided  for  the  organization  and  control 
of  school  districts.  Provided,  That  such  County  Boards  of 
Education  shall  have  authority  to  establish  two  schools  in 
any  school  district  in  this  State  if  they  deem  it  best  to  do  so. 

Sec.  19.  Be  it  further  enacted,  That  whenever  in  the 
opinion  of  the  County  Board  of  Education,  the  best  interests 
of  the  school  demand,  the  Board  of  Education  shall  have 
the  right  to  consolidate  two  or  more  districts  or  parts  of 
districts  or  to  add  any  part  of  one  district  to  any  other  dis- 
trict or  to  change  the  line  or  lines  of  any  district  at  any  time, 
when,  in  their  judgment,  the  best  interests  of  the  schools 
require  such  change,  into  one  school  district  with  the  purpose 


110  Compilation  of  Common  School  Laws. 

of  the  election  of  the  Board  of  Trustees  and  of  the  location 
of  the  school  at  some  central  place  as  hereinbefore  .provided; 
but  should  as  many  as  ten  of  the  patrons  of  the  said  school 
or  schools  object  to  the  consolidation,  it  shall  be  the  duty 
of  the  County  Superintendent  to  call  an  election  to  be  held 
in  said  district  or  districts  affected,  giving  thirty  (30)  days 
notice  of  same  by  publishing  the  same  once  a  week  for  four 
weeks  in  the  paper  in  which  County  advertisements  are  pub- 
lished, and  also  by  posting  notice  at  thr^  or  more  public 
places  in  the  district,  or  districts  to  be  affected  thereby,  at 
which  election  should  a  majority  of  the  qualified  voters  vote 
for  consolidation,  the  schools  shall  be  consolidated;  otherwise, 
not.  The  result  of  such  election  shall  be  determined  and 
declared  by  the  Board  of  Education  and  the  same  shall  be 
held  as  other  elections  are  held. 

Sec.  20.  Be  it  further  enacted.  That  whenever  the 
County  Board  of  Education  deems  it  for  the  best  interest 
of  a  school,  it  shall  have  the  right  to  provide  means  for  the 
transportation  of  the  pupils  to  and  from  said  school;  pro- 
vided,  That  no  school  is  established  in  three  miles  of  the 
pupils  to  be  transported;  provided,  further,  That  this  shall 
only  apply  to  school  or  schools  where  two  or  more  districts 
have  been  combined  or  consolidated  and  such  other  schools 
that  are  now  furnishing  transportation.  No  school  trustee, 
teacher,  or  superintendent  of  county  schools  shall  be  in- 
terested financially  in  the  transportation  of  pupils. 

Sec.  21.  Be  it  further  enacted.  That  it  is  not  the  inten- 
tion of  this  Act  to  repeal  or  interfere  with  the  laws  which 
have  been  enacted  establishing  local  tax  district  schools, 
municipal  schools,  or  other  schools  already  established  by 
law,  except  that  no  person  shall  be  allowed  to  teach  in  any 
school  in  the  State  of  Georgia  receiving  State  aid  without 
first  standing  an  examination  and  procuring  a  license  as 
provided  by  the  State  Board  of  Education  and  State  Super- 
intended; provided,  They  are  hereby  authorized  and  directed 
to  prescribe  and  require  a  different  examination  of  teachers 
who  are  engaged  in  teaching  primary  grades  only,  from  that 
required  of  teachers  of  higher  grades;  provided,  nevertheless, 
That  the  State  Board  of  Education  may,  when  the  authorities 


/  1911  School  Law.  Ill 

in  charge  of  any  local  municipal  schools  are  maintaining  a 
sufficiently  high  standard  of  examinations  for  its  teachers, 
delegate  to  the  authorities  of  these  systems  the  right  to  license 
teachers  to  teach  in  their  respective  systems,  upon  examina- 
tions to  be  provided  by  such  local  authorities,  reserving, 
however,  to  the  State  Board  of  Education  the  right  to  revoke 
this  delegation  of  authority  as  to  any  local  system  whenever 
it  appears  that  the  authorities  of  that  system  have  relaxed 
the  standard  or  failed  to  give  examination.  Nothing  herein 
contained  shall  be  construed  as  affecting  the  right  of  the 
authorities  of  local  municipal  systems  to  prescribe  the  courses 
of  study  therein,  or  select  text-books,  in  those  schools  where 
they  are  now  allowed  to  do  so  by  law. 

Sec.  22.  Be  it  further  enacted,  That  none  of  the  pro- 
visions of  this  bill  shall  apply  to  local  coimty  school  systems 
which  were  in  existence  at  the  time  of  the  adoption  of  the 
Constitution  of  1877.  Nor  shall  any  of  the  provisions  of 
this  act  apply  to  the  school  system  of  any  municipality  having 
a  population  of  one  hundred  thousand  people  or  more. 

Sec.  23.  Be  it  further  enacted,  That  no  member  of  the 
State  Board  of  Education  or  any  appointees  of  said  Board 
or  any  other  person  or  persons  that  has  the  authority  of 
selecting  or  in  any  way  aiding  in  the  selection  of  school  books 
for  the  schools  of  Georgia  shall  not  for  themselves  or  any 
member  of  their  respective  families  receive  any  gifts,  com- 
pensation or  remuneration  of  any  kind  from  any  school- 
book  publishing  house,  corporations,  individuals,  or  the 
agents  or  representatives  of  either,  nor  shall  any  person,  pub- 
lishing house  or  corporation  engaged  in  publishing  or  the 
sale  of  school  books  offer  to  any  of  said  board  or  their  families 
or  appointees  any  gift,  compensation  or  renumeration,  directly 
or  indirectly.  Any  person  violating  the  provisions  of  this  sec- 
tion shall  be  guilty  and  punishable  for  a  misdemeanor.  Should 
any  of  the  aforementioned  publishing  houses,  corporations 
or  persons  engaged  in  publishing  or  selling  school  books  offer 
to  any  of  the  aforementioned  officers,  their  families  or  ap- 
pointees any  such  compensation,  remuneration  or  reward  of 
any  kind,  it  shall  be  their  duty  to  report  the  same  to  the 
grand  juries  of  their  res-pective  counties,  and  on   failure  or 


112  Compilation  of  Common  School  Laws. 

refusal  to  do  so,  they  or  either  of  them  so  failing  or  refusing 
shall  be  guilty  and  punishable  for  a  misdemeanor,  and  such 
officers  on  conviction  thereof  shall  be  removed  from  office. 

Sec.  24.  All  laws  and  parts  of  laws  in  conflict  with  this 
Act  be,  and  the  same  are,  hereby  repealed. 

AN  ACT 

To  provide  for  special  examination  of  applicant  for  the  office 

of  county   School   Commissioner   in  certain   cases   and   to 

provide  for  the  expense  thereby  incurred,  and  for  other 

purposes. 

Section  1.  Be  if  further  enacted  by  the  General  Assem- 
bly of  the  State  of  Georgia  and  it  is  hereby  enacted  by 
authority  of  same,  That  from  and  after  the  passage  of  this 
Act  whenever  at  a  regular  examination  held  for  County 
School  Commissioners  as  now  provided  by  law,  no  applicant 
makes  the  required  85  per  cent.,  then  in  such  cases  the  State 
School  Commissioner  shall  order  a  second  examination,  or 
as  many  more  as  may  be  necessary  until  some  applicant  who 
is  otherwise  duly  qualified  to  hold  said  office  shall  attain  the 
required  85  per  cent. 

Sec.  2.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  in  all  cases  where  there  has  been  for  any  cause  no 
legal  election  for  County  School  Commissioner  at  the  regular 
biennial  election,  and  in  case  of  the  election  to  this  office  of 
a  candidate  not  qualified,  then  it  shall  be  the  duty  of  the 
Ordinary  of  such  county  to  call  a  special  election  to  fill  this 
office  and  he  shall  fix  the  time  for  said  special  election  not 
later  than  sixty  days  prior  to  the  expiration  of  the  term  of 
office  of  the  then  County  Commissioner,  subsequent  to  the 
examination  provided  by  the  State  School  Commissioner. 

Sec.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  expenses  of  all  special  elections  herein  provided  for 
shall  be  paid  out  of  the  County  Treasury  as  in  case  of  general 
elections. 

Sec.  4.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be, 
and  the  same  are,  hereby  repealed. 

Note. — This  legislation  has  been  practically  nullified  by  the  General 
Act  passed  later,  known  as  the  White  Bill. 


1913  Legislation.  113 


1912  LEGISLATION. 


AN  ACT 

To  provide  for  issuing  bonds  for  the  purpose  of  building 
school  houses  iri  school  districts  in  which  a  local  tax  is  now 
or  may  hereafter  be  levied  for  school  purposes. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Georgia  and  it  is  hereby  enacted  by  the  authority  of  the  same, 
That  when  one-fourth  of  the  registered  qualified  voters  of  a 
school  district  in  which  a  local  tax  is  now,  or  may  hereafter 
be  levied  for  school  purposes,  shall  be  filed  with  the  Board  of 
Trustees  of  such  a  district,  a  petition  asking  for  an  election 
for  the  purposes  of  determining  whether  or  not  bonds  shall 
be  issued  for  the  purpose  of  building  and  equipping  a  school 
house  or  houses  for  said  district,  the  required  number  of  peti- 
tioners to  be  determined  by  said  Board  of  Trustees,  it  shall 
be  the  duty  of  said  Board  of  Trustees  to  fix  the  amount,  de- 
nomination, rate  of  interest,  and  dates  when  due,  and  call 
such  election  in  terms  of  law  now  providecj  for  a  county  issue 
of  bonds,  except  as  herein  otherwise  provided.  The  said 
Board  of  Trustees,  in  case  the  election  is  for  a  bond  issue, 
shall  follow  the  law  as  required  of  county  authorities  as  em- 
bodied in  Section  440,  et  sequitur,  of  the  Code  of  1910,  Volume 
1,  in  the  issue  thereof.  Said  Board  of  Trustees  may  order 
such  election  to  be  held  on  the  school  site  or  other  suitable 
place  in  the  district,  of  which  they  shall  give  notice  by  posting 
same  at  three  public  places  in  said  district,  not  less  than  ten 
days  previous  to  said  election.  None  but  registered  qualified 
voters  shall  be  permitted  to  vote  in  said  election.  The  ordi- 
nary shall  furnish  a  certified  list  of  registered  voters  in  such 
school  district  to  the  managers  of  the  election  thirty  days 
before  such  election  is  held.  The  ballots  cast  shall  have  writ- 
ten or  printed  thereon  "For  School  House"  or  "Against  School 
House."  The  ballots  cast  and  the  voting  list  shall  be  lodged 
with  the  said  Board  of  Trustees  who  shall  declare  the  result. 
Said  Board  of  Trustees,  or  a  majority  of  them,  shall  be  the 


114  Compilation  o^  Common  School  Laws. 

election  managers,  and  if  for  any  reason  they  fail  to  act,  any 
three  freeholders  of  the  district  may  qualify  and  act. 

.  Sec.  2.  Should  bonds  be  issued  and  sold,  the  proceeds 
shall  be  turned  over  to  the  Board  of  Trustees  in  trust  for  the 
purpose  of  erecting  a  school  building  or  buildings  which  said 
Board  may  deem  suitable.  Said  Board  of  Trustees  is  author- 
ized to  remove,  sell  or  otherwise  dispose  of  old  building  or 
buildings  and  grounds  and  select  a  new  site  and  erect  a  new 
building  thereon,  and  add  to  the  proceeds  from  the  sale  of 
bonds  any  other  proceeds  which  may  come  from  disposition 
of  building  or  buildings  and  site,  or  from  donations  or  other- 
wise, all  to  be  held  in  trust  to  be  used  for  the  purpose  afore- 
said, and  no  compensation  shall  be  paid  to  said  Board  of 
Trustees  nor  to  any  member  thereof  for  service. 

Sec.  3.  Be  it  further  enacted  that  all  laws  and  parts  of 
laws  in  conflict  with  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  August  17,  1912. 


1918  Legislation.  115 

AN  ACT 

To  require  the  Treasurer  or  Secretary  and  Treasurer  of  any 
board  of  trustees  of  a  public  school  receiving  money  raised 
by  local  taxation  for  public  schools,  or  otherwise,  to  give 
bond,  to  keep  an  accurate  set  of  books,  to  submit  his  books 
to  the  county  superintendent  of  schools,  to  be  audited  by 
the  State  Auditor  and  to  further  provide  the  duties  of  such 
Treasurer,  or  Secretary  and  Treasurer  and  for  other 
purposes. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Georgia,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  that  from  and  after  the  passage  of  this  Act,  it  shall 
be  the  duty  of  the  treasurer  or  the  secretary  and  treasurer  of 
any  Board  of  Trustees  of  a  public  school  receiving  money 
raised  by  Local  Taxation  for  public  schools,  to  make  a  good 
and  sufficient  bond  for  the  faithful  performance  of  his  duties, 
payable  to  the  County  Board  of  Education  in  a  sum  not  less 
than  double  the  amount  of  money  likely  to  be  received  by 
him  during  his  term  of  office,  the  amount  and  sufficiency  of 
said  bond  to  be  judged  by  the  County  Board  of  Education, 
which  amount  may  be  increased  in  the  discretion  of  the 
County  Board  of  Education. 

Sec.  2.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  in  the  event  the  Treasurer  or  Secretary  and  Treasurer 
as  aforesaid,  shall  fail  to  make  the  bond  required  in  the  first 
section  of  this  Act,  then  and  in  that  event,  any  money  raised 
by  Local  Taxation  for  public  schools  or  otherwise,  which 
unde  the  laws  should  have  been  paid  over  to  the  Treasurer, 
or  the  Secretary  and  Treasurer,  shall  be  paid  over  to  the 
County  Board  of  Education,  to  be  by  them  paid  out  on  the 
orders  of  the  Board  of  Trustees  of  such  school  district  in  the 
manner  other  moneys  are  paid  out  by  them. 

Sec.  3.  Be  it  further  enacted,  That  the  Treasurer  or  Sec- 
retary and  Treasurer  as  aforesaid  shall  not  pay  out  any  money 
as  held  in  his  hands,  except  upon  the  order  of  the  Board  of 
Trustees,  signed  by  the  president  or  chairman,  of  which  he  is 
Treasurer  or  Secretary  and  Treasurer.    He  shall  further  in  all 


116  Compilation  of  Common  School  Laws. 

cases  take  a  receipt  for  all  moneys  expended  or  paid  out,  which 
shall  be  attached  to  the  order  for  same,  which,  when  properly 
done,  shall  constitute  a  proper  voucher  for  the  money  thus 
paid  out. 

Sec.  4.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  Treasurer  or  the  Secretary  and  Treasurer  as  afore- 
said, shall  keep  an  accurate  account  of  all  money  received  and 
paid  out  by  him  in  a  substantially  bound  book,  which  together 
with  all  vouchers,  shall  be  submitted  once  each  year  to  the 
County  Superintendent  of  Schools  to  be  audited  by  the  State 
Auditor  when  he  shall  audit  the  County  Superintendent's 
books,  but  the  County  Board  of  Education  may  direct  that 
any  other  competent  person  audit  these  books. 

Sec.  5.  Be  it  further  enacted  by  the  authority  afore- 
said, That  the  provisions  of  this  Act  shall  apply  only  to  those 
school  districts  which  have  adopted  or  may  adopt  Local  Taxa- 
tion for  public  schools  under  the  district  plan  as  provided 
under  Section  1535,  Volume  1  of  the  Code  of  1911.  Pro- 
vided further  that  the  provisions  of  this  bill  shall  not  apply 
to  any  Secretary  or  Treasurer  who  receives  no  compensation. 
This  Act  shall  not  apply  to  any  municipal  system  of  schools 
in  this  State. 

Sec.  6.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be  and 
the  same  is  hereby  repealed. 

Approved  August  19,  1912. 


1912  Legislation.  117 

AN  ACT 

To  fix  and  malce  uniform  the  term  of  office  of  County  Super- 
intendent of  Schools  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Georgia  and  it  is  hereby  enacted  by  authority  of  the 
same,  that  the  term  of  office  of  County  Superintendent  of 
Schools  in  each  and  every  county  of  the  State  of  Georgia 
shall  begin  with  the  first  day  of  January  1913  and  terminate 
with  the  first  day  of  January,  1917,  and  that  the  said  County 
Superintendent  of  Schools  shall  be  elected  for  a  term  of  four 
years  as  now  provided  by  law  at  the  same  time  and  places  as 
state  and  county  officers. 

Sec.  2.  Be  it  further  enacted  that  the  term  of  office  of  all 
County  Superintendents  of  Schools  beginning  during  the  year 
1912,  shall  continue  until  the  first  day  of  January,  1917,  or 
until  their  successors  are  elected  and  qualified  as  is  now  pro- 
vided by  law. 

Sec.  3.  Be  it  further  enacted  that  all  laws  and  parts  of 
laws  in  conflict  with  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  August  19,  1912. 


LIST   OF  STATE  EDUCATIONAL  INSTITUTIONS. 

Name.  Location.  Principal. 

University  of  Georgia Athens D.  C.  Barrow,  Chancellor. 

Georgia  School  of  Technology Atlanta K.  G.  Matheson,  President 

Georgia  Normal  and  Industrial  College . .  Milledgeville . .  M.  M.  Parks,  President. 

State  Normal  School  Athens J.  M.  Pound,  President. 

North  Georgia  Agricultural  College Dahlonega G.  E.  Glenn,  President. 

Georgia  School  for  the  Deaf Cave  Springs. . .  W.  0,  Conner,  Principal. 

Georgia  Academy  for  the  Blind Macon G.  F.  Oliphant,  Principal. 

Georgia  State  Industrial  College Savannah R  K.  Wright,  President. 

District   Agricultural    Schools. 

First   District    Statesboro.  .E.  C.  J.  Dickens,  Principal. 

Second  District Tifton J.  F.  Hart,  Jr.,  Principal. 

Third  District  Americus J.   M.   Collum,  Principal. 

Fourth  District    Carrollton J.  H.  Melson,  Principal. 

Fifth  District    Monroe J.  H.  Walker,  Principal. 

Sixth  District    Barnesville. . .  W.  H   MJaxwell,  Principal. 

Seventh  District   Powder  Spgs H.  R.  Hunt,  Principal. 

Eighth  District  Madison W.  G.  Acree,  Principal. 

Ninth   District    Clarksville M.  C.  Gay,  Principal. 

Tenth  District Granite  Hill . . .  George  White,  Principal. 

Eleventh  District    Douglas C.  W.  Davis,  Principal. 


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INDEX 

A 

Advisory  Powers  of  State  Board  8 

Appeal  to  State  Board  8 

Additional  Duties  State  Board  6 

Annual  Report  of  State  School  Commissioner 10 

Appeals    ^ 19 

Administering  Oaths    19 

Additional  Duties  C.  S.  C 24 

Apportionment  of  School  Fund   25 

Additional  Funds  for  Schools  31 

Admission  to  Long  Term  Schools 33 

Arbor  Day  * 44 

Agriculture    Taught    45 

Adoption  of  Text-Books   53 

Arbitration  of  Local  Tax  68 

Ages  at  Which  Children  May  be  Employed  in  Factories 71 

Affidavit  to  Ordinary  Necessary  Before  Employing  Children 72 

Agriculture  Must  be  Taught  in  all  Schools 82 

Agricultural  Schools 113 

B 

Building  School  Houses  18,  91 

Bond  of  C.  S.  C 20 

Binding    Out    Children 46 

Bids  on  School  Books' 52 

Bonds  for  Book  Adoption  53 

Bonds  in  School  Districts 113-114 

Bids  Rejected  on  Books  57 

Bible  in  Public  Schools ! . . .  74 

Bequest  for  Board  and  Education  Includes  Clothes 90 

Book   Lists    115 

C 

Constitution 5 

Composition  of  State  Board  7 

County  Board  Education 13 

Composition  Of    13 

Compensation  Of   13 

Election  Of   13 

Certification  Of 14 

Removal    Of    14 

Vacancies  On    14 

Officers  Of    14 

Meetings  Of    14 


122  Index. 

County  Board  Education — Continued. 

Duties   Of    15 

Appeals   From 19 

County  School  Commissioner   20 

Minimum   Salary  of    22 

County  Superintendent  Substituted  for    20 

Shall  Use  a  Seal 22 

Office  at  Court  House 22 

Election  of  Old  Law 20 

Election  of  New  Law  23 

Bond     20 

Oath    20 

Examination    20,    23-24 

May  be  Postmaster  20 

Kemoval   Of    •. 21 

Successor    To 21 

Duties   Of    21 

Compensation  Of   21 

Administers  Oaths    23 

Eeports  Of    23 

Elected  by  People   23 

County  Institutes  34-35 

Supervisor  Substituted  for  Experts  35 

Subjects  Taught  At  34 

Held  by  C.  S.  C 34 

Attendance  Upon   34 

Fines  Imposed    34 

Expert  Conductor 35 

Compensation    For    35 

Census    40-41 

Time   of   Taking    40 

Enumerators    of    40 

Compensation  For  Taking 40 

New  Enumeration  Of   41 

County  Line  Schools   42 

Civil   Government   Taught    45 

Contracts  Book  Adoption  53 

County  to  be  Districted  62 

County  Local  Tax  Election 66 

Compensation  for  Collecting  Local  Tax 66 

Calling  Local  Tax  Election  66 

Comptroller  General  to  be  Notified  of  Local  Tax  Levy 67 

Corporation    and    Local   Tax 68 

Child  Labor  Law  71-31 

No  Child  Under  Ten  to  Work  in  Factory 71 

Children  Under  Twelve  to  Get  Certificate  from  Ordinary 71 

No  Child  Under  14  to  Work  at  Night 71 


Index.  123 

Children  Under  14  Must  Attend  School  12  We^B 72 

Child  Labor  Law — Continued. 

Affidavit  Necessary  Before  Employing  Children 72 

Affidavits  to  be  Inspected 72 

Certificates  of  Election  of  M.  B.  E 74 

Crossing  District  Lines    * 75 

Commissions  to  M.  B.  E.  When  Grand  Jury  Fails  to  Give  Terms. .  78 

Contracts  With  Teachers  of  Local  School  Systems  Not  Valid 78 

Common   Schools   Subjects    Eequired    79 

Changing  District   Lines    Makes   New   District 79 

County  Commissioner  Compelled  to  Avoid  Claim 90 

Course  of  Study    115 

D 

Donation  to  Education  8 

Duties  State  School  Commissioner 10 

Duties  of  C.  S.  C 21-23 

Distribution  of  School  Fund 30 

Diseases    47 

Days  to  be  Observed  48 

Depositories  For  Text-Books  58 

Decisions   State   School   Commissioners    74-77 

Right  of  County  Board  to  Appropriate  School  Funds 77 

Eesignations  Should  go  to  Governor  74 

Certificates  of  Election    74 

Bible  in  Public  Schools   74 

Disturbing   Schools    75 

Pupils  Crossing  District  Lines   75 

Eevoking  Teachers  License    75 

Power  to  Contract  With  Board 75 

Teachers  Contracts  Entire   75 

Five   Months   Schools    76 

Decisions  State  Board   78-79 

Commissions  to  M.  B.  E 78 

Contract  With  Teachers  of  Local  School  System  Not  Valid. . .  78 

Surplus,  How  Used  78 

Common  School  Subjects  Required   79 

Changing  District  Lines  Makes  New  District 79 

Diploma  of  State  Normal  School  Valid  in  Some  Cases 80 

Discounting  Teachers  Claims 82 

Decisions  of  Supreme  Court   90-93 

Bequests  For  Board  and  Education,  Includes  Clothes 90 

Dismissal  For  Cruel  Treatment 90 

County      School      Commissioners      may      be      Compelled      by 

Mandamus  to  Audit  Claim 90 

Power  to  Build  School  Houses  91 

Right  of  Defense  to  Public  Officers 91 


124  Index. 

Institute  Conductors 34 

Incidental  Fees    42 

Infectious    Diseases    47 

J 

Judicial  Tribunal-^ 19 

L 

Long  Term  Schools   32-33 

Supplemental    Contracts    For 32 

Admission    To    32 

Licenses  To  Teach 36-39 

Issued  Upon  Examination  Only   36 

Permanent  License    38 

Diplomas  Not  Honored    37 

Grade  of  License  37 

ORevoking    License     38 

Forgery  Of 38 

Local  School  Systems 44 

Local  Tax  Law 62-70 

Eedistrieting   Counties    62 

Election   of   Trustees    64 

County  Election  Of  Tax 65 

Limit  To  Tax  Eate  65 

Levy  and  Collection  Of  Tax 66 

Tax  Eeturns  in  Districts 66 

Eeports,  Secretary  and  Treasurer  of  Board  Trustees 69 

Voting  Out  Tax  66 

Local    Tax    Districts    Controlled    by    Trustees     Subjected     to 

County  Board   67 

Local  Tax  Digest  to  be  Furnished  Tax  Collector 68 

Local   Tax   Arbitration    68 

Local  Tax  on  Corporations 69 

Limit  of  Time  in  Using  School  Fund  80 

List  of  Educational  Institutions   113 

M 

Meetings  of  State  Board   7 

Manual  Labor  Schools    43 

Map  of  School  Districts  63 

Married  Women  May  Teach 81 

Managers  of  Local  Tax  Elections 85 

New  Enumeration  of  Census   41 

Notice  of  Books  Adopted   ' 59 


Index.  125 

When  Two  Claim  Same  Oflfice 91 

Decisions  of  Supreme  Court — Continued. 

Discretion  in  Continuing  Schools  91 

Refusal  to  Comply  With  Regulations   92 

District    Agricultural    Schools    113 

E 

Election   State   School    Commissioner 10 

Each  County  a  School  District  13 

Election  Members  County  Board  Education 13 

Employment   of   Teachers    15 

Examination  of  C.  S.  C 20-24 

Election  of  C.  S.  C.  . . .' 20-24 

Estimate  of  School  Fund 28 

Examination  of  Teachers    36-39 

Grading    Of 36 

Licenses  Issued  Upon   36 

College  Students  Not  Admitted  Without 37 

Permanent  Licenses  Upon   38 

Subjects    of    36 

Special  Examinations    '66 

Enumerators  of  Censtis    40 

Evening    Schools    43 

Exemption  oi  School  Property   -±3 

Exclusive  Use  of  State  Adopted  Books 59 

Expenses  of  School-Book  Adoption  60 

Election  of  Local  Tax  Trustees  64 

Employment  of  Children   71 

Elections  in  Local  Tax  Districts  May  Not  be  Held  Oftener  Than 

Every  12   Months    86 

F 

Financial     , 25-31 

Forfeiture  of  School  Fund   29 

Failure  to  Operate  Schools  30 

Fines  For  Not  Attending  Institute  35 

Forgery  of  License   ..__ 38 

Five  Months   Consecutive 76 

Fradulent   Contracts  May  be  Repudiated    80 

G 

Georgia    Day    45 

General  School  Law  To  Be  Observed  in  Local  Tax  Districts 69 

I 

Itemized  Statements  of  Accounts  Against  School  Fund 25 

Institutes     34-35 


126  Index. 

Officers  County  Board  Education 14 

Oath  of  C.  S.  C 21 

Oath  Administered  by  C.  S.  C 23 

Office  of  C.  S.  C 21 

Operation  of  Schools '  26 

Oath  of  Census  Taker 41 

Ordinary  and  Comptroller  General  to  be  Notified  of  Local  Tax 67 

Opinions  Attorneys  General    80-89 

Fraudulent   Contracts    80 

Diploma  of  State  Normal  School  Valid  in  Some  Cases 80 

Limit  of  Time  in  Using  School  Fund 80 

Married  Woman  May  Teach 81 

School  Population  Basis'  For  Appropriation  of  School  Fund..  81 

Agriculture  to  be  Taught  in  all  Schools 82 

Relief  of  Surety  on  C.  S.  C  's.  Bond 82 

School  Officials  May  Not  Discount  Claims  of  Teachers 82 

Railroad  Taxes  in  School  Districts  83 

Managers  of  Local  Tax  Elections  to  be  Paid  Out  of  Local 

School  Fund    85 

Persons    Over    18    May    Attend    School    Upon    Payment    of 

Tuition     85 

Election  in  Local  Tax  Districts  Not  Oftener  Than  12  Months  86 

District  Lines  May  be  changed  But  Destroys  the  Tax 87 

Persons  May  Hold  Only  One  County  Office,  But  Two  Public 

offices  at  One  Time 88 

Election  Expenses    8& 

P 

Public  Term    18 

Prompt  Disbursement  of   School  Fund   25 

Payment  to  Local  Systems 27 

Permanent  License        38 

Physiology  and  Hygiene  Taught   44 

Prices  of  Text-Books    55 

Proclamation  by  Governor  in  Book  Adoption 57 

Powers  of  School  Book  Commission 59 

Penalty  for  Using  Other  Than  State  Adopted  Books 60 

Penalty  For  Violating  Child  Labor  Law 73 

Power  to  Contract  With  Teachers  Belongs  to  County  Board 75 

Persons  Over  18  May  Attend  School  on  Paying  Tuition 85 

Persons  May  Hold  Only  One  County  Office  But  May  Hold  Two 

Public  Offices   88 

Power  to  Build  School  Houses  91 

Q 

Quorum  State  Board    7 

Qualifications  of  M.  B.  E   13 

Quarantine    47 


Index.  127 

R 

Removal  From  Office  of  M.  B.  E 14 

Eaces   Taught   Separately    18 

Eemoval  of  C.  S.  C 21 

Report  to  Grand  Jury    23 

Revoking  License   38 

Redistricting  The  County    62 

Removal  of  Local  Tax  Trustees   64 

Reports  of  Local  Tax  Trustees  69 

Resignations  go  to  Governor  74 

Reports  of  Elections  of  M.  B.  E 75 

Revoking  Teachers  Licenses    75 

Relief  of  Surety  on  C.  S.  S  's  Bond 82 

Railroad  Taxes  in  School  Districts   83 

Right  of  Defense   91 

Refusal  to  Comply  With  School  Regulations  92 


School  Legislation,   1910 93-101 

To  Enable  County  Boards  of  Education  to  Borrow  Money. . .  .93-94 

To  Allow  Municipalities  to  Hold  Local  Tax  Election 95 

To  Enable  County  Boards  to  Fill  Unexpired  Terms  of  Com- 
missioners           98 

Person 's    High  School  Tax  Amendment 97,  98 

To  Allow  Districts  Across  County  Lines 99-101 

School  Legislation,  1911  101-112 

Revising  the  School  Laws  of  Georgia  102-111 

To  Provide  for  Special,  Examination  of  Applicants 112 

School  Legislation  1912   113-117 

Bonds  in  School  Districts 113-114 

District  Treasurers,  Bonds,  Books,  Etc 115-116 

Uniform  Terms  For  County  Superintendents; 117 

Seal  State  Board 8 

State  Board  Education    7-9 

State  School  Commissioner   10-12 

Election    Of    10 

Duties   Of    10 

Salary  and  Expenses  of  Office  11 

Oath  Of   32 

Annual  Report  Of  11 

Member  Geological  Board  32 

Secretary  and  Executive  Agent  State  Board  of  Education 12 

Sessions  County  Board  Education . .      14 

School  Sub  Districts    15 

School    Property    18 

School  Houses    18 


128  Index. 

Successor  to  C.  S.  C lil 

School    Fund    25-31 

Paid  Directly  Into  Treasury  25 

Appoitt'iment    Of    25 

Claims   Against    25 

Prompt  Disbursements    25 

Payment  of,  to  Local  Systems  27 

Esti  jiated  Of    . . . .' 28 

Souraefl   Of    28 

Forfeiture    Of    29 

Unused  Balances   Of    29 

Distribution   Of    30 

School  Year  Begin?  Jan.  1 26 

Supplemental   Contracts    32 

Supplemental  Terms    32 

Scholastic  Month 43 

Schools  in  New  Counties   46 

School  Book  Commission    49 

Sub-Commission    50 

Standard  of  Books  Adopted   55 

Supplementary  Headers 59 

Secretary  of  Board  of  Trustees  and  0.  S.  C.  to  Make  Local  Tax 

Digest   67 

Surplus,  How  Used   78 

Supreme  Court  Decisions  (See  D) 90-93 

State  Educational  Institutions   113 


Term  of  Office  M.  B.  E : 13 

Teachers '   Contracts    15 

Teachers '  Reports   15 

Trustees    16 

Appointments    Of 16 

Duties   Of    17 

Taking  Census    40 

Terms  of  School-Book  Contract   61 

Teachers '  Contracts  Entire  75 

Two  Claiming  Same  Office 91 


Unused  Balances   29 

Uniform  Terms  for  County  Superintendents 117 

Uniform  Text  Book  Law  49-61 

Commission    49 

Uniform    Series    49 

Sub-Commission  For   50 


Index.  129 

Bids   For    52 

Uniform   Text-Book  Law — Continued. 

Adoption  Of    35 

Contracts    For     53 

Bonds  For   53 

Standard  of  Books    55 

Prices  of  Books    55 

Depositories     56 

Books  For  Exclusive  Use    59 

Penalties  for  Violating    60 

Expenses    of    Adoption    60 

Terms  of  Contract    61 

Repealing  Clause    61 

V 

Vacancies  on  County  Board  Education    14 

Vaccination     19 

Voting  in  Local  Tax       65-66 

Voting  Out  Local  Tax   70 

W 

Who  May  Vote  in  Local  Tax  Election    65 

Who  May  Le\y  Local  Tax    66 

Who  must  Collect  Local  Tax   66 


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